Meeting of the Council – 27th February, 2017

Questions under Council Procedure Rule 11

To receive questions in accordance with Council Procedure Rule 11 on the Action Notes of Community Forums, Minutes of the Cabinet, Committees, Sub-Committees and Delegated Decision Summaries, as listed below, for the period 21st November, 2016 to 10th February, 2017.

Minutes and all public documents relating to the meetings listed below can be viewed online via the Committee Management Information System (CMIS) on the Council’s website www.dudley.gov.uk

Date Pages

Community Forums

Coseley East and Sedgley Community Forum 09/01/2017 1 - 4

Gornal and Upper Gornal & Woodsetton 09/01/2017 5 - 8 Community Forum

Halesowen North and Halesowen South 10/01/2017 9 – 12 Community Forum

Netherton, Woodside and St. Andrews and 10/01/2017 13 – 15 Quarry Bank and Dudley Wood Community Forum

Brierley Hill and Brockmoor & Pensnett Community 11/01/2017 16 – 18 Forum

Castle and Priory, St. James’s and St. Thomas’s 11/01/2017 19 – 22 Community Forum

Kingswinford North and Wall Heath, Kingswinford 12/01/2017 23 – 26 South and Wordsley Community Forum

Norton, Pedmore and Stourbridge East, Wollaston and 12/01/2017 27 – 30 Stourbridge Town Community Forum

Belle Vale, Hayley Green and Cradley South 16/01/2017 31 – 34 Community Forum

Amblecote, Cradley and Wollescote, Lye and 16/01/2017 35 - 38 Stourbridge North Community Forum

Overview and Scrutiny

Overview and Scrutiny Management Board 28/11/2016 39 – 42 19/01/2017 43 – 48

Children’s Services Scrutiny Committee 01/02/2017 49 – 54

Corporate Scrutiny Committee 31/01/2017 55 – 59

Health and Adult Social Care Scrutiny Committee 23/11/2016 60 – 69 25/01/2017 70 – 75

Place Scrutiny Committee 30/01/2017 76 – 79

Regulatory, Statutory and Other Meetings

Appeals Committee 13/12/2016 80 – 82 17/01/2017 83 – 84

Audit and Standards Committee 08/12/2016 85 – 93 09/02/2017 94 – 99

Children’s Corporate Parenting Board 19/12/2016 100 – 105 06/02/2017 106 – 115

Development Control Committee 29/11/2016 116 – 130 20/12/2016 131 – 135 18/01/2017 136 – 142

Dudley Health and Wellbeing Board 08/12/2016 143 – 152

Licensing Sub-Committee 1 22/11/2016 153 – 159 03/01/2017 160 – 166 07/02/2017 167 – 176

Licensing Sub-Committee 4 13/12/2016 177 – 184

Taxis Committee 13/12/2016 185 – 190 24/01/2017 191 – 197

The Cabinet 14/12/2016 198 – 204 08/02/2017 205 – 216

Delegated Decision Summaries 21/11/2016 to 217 - 228 10/02/2017

Action Notes of the Coseley East/Sedgley Community Forum

Monday 9th January, 2017 at 6.30 pm At Christ Church C of E Primary School, Church Road, Coseley

Present:-

Councillor T Westwood (Chair) Councillor M Evans (Vice-Chair) Councillors M Mottram and S Ridney

Officers:-

S Cooper (Lead Officer to the Forum) (Head of Corporate Landlord Services) and H Shepherd (Democratic Services Officer)

Also in attendance

PC M Lewis, West Midlands Police (Agenda item no. 6) D Roberts and W Turley, DMBC Community Engagement (Agenda item no. 7)

There were 10 members of the public in attendance at the meeting.

16 Welcome and Introductions

The Chair welcomed those present to the meeting followed by general introductions.

17 Apologies

Councillors S Anderton and B Etheridge

18 Listening to you – Questions and Comments from Local Residents

Subject Response/Action

A resident expressed his concern with Councillor M Mottram confirmed that the regards to the increased parking speeding issues had been raised with the issues and speeding problems traffic and road safety team on several experienced in Clifton Street, Hurst occasions. Hill. He also referred to the derelict garage site in the area and requested With regards to the garage site it was that this be converted into a secure stated that this land was owned by gated garage site for residents, to housing and that the garage site had alleviate some of the parking issues. become derelict due to residents not wanting to use the site or were not willing to pay for the provision.

CSCF/9 1 The Chair requested that the resident submitted his concerns in writing to his Ward Councillors for a response.

A resident expressed his concern with Councillor M Mottram and Councillor S regards to the on-going parking Ridney both stated that discussions and issues in Coseley from commuters meetings had been held with Mr Watling using Coseley Railway Station and of Centro on numerous occasions to try to suggested that the planning resolve the on-going parking issues. proposals to develop the former Land for possible car parking facilities had Coseley Baths site be scrapped and been identified by DMBC, but Centro had for the site to be developed into not taken up the opportunity due to car additional car parking. park expansions at other stations.

The Chair requested that the resident submitted his concerns in writing to his Ward Councillors for a response.

Concerns were raised with regards to Ward Members agreed to raise this issue the legitimacy of the developer that with the Directorate of Place and the had submitted a planning application Legal team. for the development on the former Coseley Baths site, as a resident was led to believe that the said company was no longer trading.

A presentation was provided by H Noted. Langley, Winter Warmth Support Service, DMBC, on how to keep warm and well during the winter months and the services that were available to local residents. Reference was also made to the Dudley Home Improvement Service and the Snow Clearance Scheme and leaflets on all services were circulated at the meeting.

19 Working with you – Topics Raised by Local Councillors

Subject Action

Councillor S Ridney

Referred to parking issues outside PC M Lewis confirmed that the person schools, in particular referring to a involved in the incident had been spoken complaint and incident at Wallbrook to, however reiterated that this was a Primary School and encouraged parking enforcement issue experienced at residents to walk their children to and every school in the Borough. from school.

CSCF/10 2 Councillor M Evans

Referred to Sedgley Youth Club Noted which was currently closed due to structural problems and confirmed that discussions were being held with Dormston School with the possibility of relocating the club to their premises.

20 Community Forum Funding

The Forum considered a report of the Lead Officer.

Application Recommendation

Friends of Sycamore Adventure Refused, as it was considered that there was no direct benefit to the local community in the Coseley East/Sedgley area and Borough wide applications were generally not accepted.

Orsa Housing Refused, as it was considered that there was no direct benefit to the local community in the Coseley East/Sedgley area.

Beacon Centre for the Blind Approve £4000 – each ward to contribute £2,000

21 Police and Communities Together

PC M Lewis was in attendance at the meeting and referred to the reasons behind the merge of Community Forums and PACT meetings; reported on the launch of the Active Citizen Funding, the new West Midlands Police website and the crime statistics for both wards.

22 Active Citizens and the Community Council

D Roberts and W Turley, DMBC Community Engagement, was in attendance at the meeting to present and work with local residents to identify how people could make a real difference in the area where they lived. The great work that was already happening in communities and the importance of communities working together to respond to challenges and local issues was discussed.

CSCF/11 3

23 Dates of Future Meetings

It was noted that the next meeting of the Community Forum would be held on the following date at 6.30 pm:-

Monday 13th March, 2017 – Age Concern, Ettymore Road, Sedgley

The meeting ended at 7.55 pm

CSCF/12 4 Action Notes of the Gornal and Upper Gornal and Woodsetton Community Forum

Monday 9th January, 2017 at 6.30pm at The Royal British Legion, Ruiton Street, Dudley

Present:

Councillor D Stanley (Chair) Councillor D Perks (Vice-Chair) Councillors A Aston, K Casey, A Millward and R Scott-Dow.

Officers:

S Taylor (Lead Officer) (Head of ICT Services) and K Buckle (Democratic Services Officer)

Together with 22 members of the public

17 Welcome and Introductions

The Chair welcomed those present to the meeting and Members introduced themselves. The Chair made specific reference to the attendance of Sergeant Crookshank of West Midlands Police.

18. The West Midlands Fire Service

Councillor A Aston referred to the attendance of Officers from the West Midlands Fire Service, reporting the consultation that was taking place in relation to the way services would be shaped in the future and invited those present to take part in the consultation process.

19 Listening to you: Questions and Comments from Local Residents . Subject Action

A concern was raised in relation to the poor The Chair and Ward Councillors to state that two council properties had arrange a site visit to the properties recently been let to elderly tenants. in question.

A request that issues in relation to refuse The Ward Councillors to raise collections in Hermit Street, Upper Gornal issues with the appropriate be addressed. Officers.

GCF/10

5 Issues raised in relation to the car park on Councillor D Perks undertook to Vale Street, Upper Gornal and the parkland patrol the area and log incidents area including anti social behaviour, littering with the Council’s Anti Social and the excessive noise volume from Behaviour Team. The possibility of vehicles accessing the area. There followed obtaining funding from the Forum a request that a barrier be installed to to install a camera was referred to, prevent vehicles accessing the site. together with the legalities of such installation being determined.

Councillor K Casey referred to work conducted to date to address problems with the area and it was noted that all Ward Councillors would continue to work with the Police to resolve the issues outlined.

Problems with refuse collections on the Referred for a written response. Ridgeway, Upper Gornal were raised.

A request that action be taken against Councillor K Casey to liaise with those utilising car parking spaces to sell the Police. cars, specifically in the relation to the area allocated for parking to the Arcade Councillor D Perks undertook to Shopping Centre, Upper Gornal. investigate the issues raised.

At this Junction Councillor K Casey left the room due to his Vice Chairmanship of the Development Control Committee.

Concerns and objections were raised in The concerns were noted. relation to the potential planning application to demolish The Fiddlers Arms Public House, Straits Road, Gornal and build a Co-Operative convenience store and several detached houses on the site.

Councillor K Casey returned to the meeting.

20 Working with you: Topics raised by Local Councillors

Subject Action

Councillor R Scott-Dow: -

Although it was appreciated that it was frustrating Noted. there was no further information available on the possible development of a supermarket in Gornal Village on the Eggingtons Chemist site.

GCF/11

6 There would be trial period of six months Noted extending limited parking times across the Dudley Borough with a view to that increasing footfall in towns and the trade of local shops.

Councillor D Perks:-

The work to the roof of St Peter’s Church had Noted commenced

The post would be installed in Tudor Place Noted between May, 2017 and May, 2018.

A Charitable Trust would be formed by Ward Noted Councillors in order to re-open the commercial building on the Vale Street site and there was a request for local residents to become involved with the Trust.

Councillor A Millward:-

Concurred with the disappointment that the Noted proposed development of the supermarket in Gornal Village was on hold.

Expressed a huge thank you to the Gornal Noted Together Community Team for their work in relation to the light switch on in December.

Councillor K Casey undertook to continue to Noted work hard for the community of Upper Gornal and Woodsetton.

Councillor A Aston:-

Confirmed that the speeding sign at the entrance Noted of Board School Gardens, Upper Gornal had also been added to the Council’s Capital Works Programme for May 2017 to May 2018.

He expressed thanks to Councillor K Casey for Noted the work he had undertaken to ensure that the War Memorial in Woodsetton had been located, referring to a service that had taken place at the new site on 11th November, 2016.

GCF/12

7 The Chair expressed his disappointment at the Noted loss of the 297 bus service in Gornal, advising of his discussions with CENTRO who confirmed that the operation of the service was no longer viable due to the lack of passengers utilising the service. The Chair urged those present to support local bus services in order to prevent further services being lost.

21. Community Forum Funding

Application Recommendation

Oval and Tudor TRA Approved £492 Upper Gornal and Woodsetton Ward.

Ellowes Hall Sports College Approved £2,000 – Gornal Ward

Woodsetton Charitable Trust Approved, subject to them obtaining the remaining funding referred - £6,500 – (£3,250 be funded from the High Street Innovation Fund - Upper Gornal and Woodsetton Ward).

22. Police and Communities Together

Sergeant Crookshank referred to the merger of PACT meetings with Forums, reporting on the launch of the Active Citizen Funding, the new WM Police website and the crime statistics for both Wards.

23. Community Workshop – Active Citizens and Community Council

It was noted that this item had been deferred to the next meeting of the Forum.

24. Date, Times and Venue of Future Meeting

The next meeting of the Community Forum would be held on:-

• 13th March, 2017 – 6.30pm – Bramford Primary School, Chad Road, Bilston.

The meeting ended at 9.00pm

GCF/13

8 Action Notes of the Halesowen North and Halesowen South Community Forum

Tuesday 10th January, 2017 at 6.30pm at Leasowes High School, Kent Road, Halesowen

Present:

Councillor K Shakespeare (Chair) Councillor A Taylor (Vice-Chair) Councillors H Bills, S Henley and D Vickers

Officers:

S Beckett - Lead Officer to the Forum (Head of Revenue and Benefit Services) and K Griffiths (Democratic Services Officer) – Chief Executive’s Directorate

Also in attendance

C Bennett – Agency Support and Development Officer (Agenda Item no. 3) Sergeant D Skelhorn, West Midlands Police (Agenda item no. 7) J Pritchard, DMBC Community Engagement (Agenda item no. 8)

Together with 26 members of the public

17 Welcome and Introductions

The Chair welcomed those present to the meeting.

18 Winter Warmth Presentation

The Forum considered a verbal presentation by C Bennett on the Council’s Winter Warmth services, circulating leaflets providing a guide for residents of the Dudley Borough to keeping warm and well at home during the winter months. Information was also given on grants that were available to people with specific illnesses or a disability to assist with adaptations being made to their homes. Advice on schemes that would assist with bills and provide assistance with price checking in order to secure more affordable utility providers was also included together with contact details.

The Chair thanked C Bennett for the extremely helpful and informative presentation.

HCF/9

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19 Listening to you: Questions and Comments from Local Residents

Subject Action

Detailed discussions concerning the Councillors acknowledged that the review of Leisure Centre and the three leisure facilities were in need of proposal to close three leisure centres modernisation to comply with modern in Dudley, Halesowen and Stourbridge standards, however, expressed and replace with two new leisure concern in relation to the limited facilities in Lye and Flood Street, information provided and the negative Dudley. A summary of concerns and impact the loss of Halesowen Leisure issues were expressed below:- Centre would have on the Town Centre. • The opinions of local councillors Comments were also made on the and the impact on Halesowen need for a leisure facility to be based in residents/business and Halesowen Halesowen as Councillors regarded Lye BID project. to be too far away for residents to • What information was contained in access. the plans. • Halesowen Leisure Centre was The Lead Officer updated the Forum on very popular and a well used the current position. No decisions had facility. been made at this point and further • Lack of information available in detailed studies were continuing. It was relation to budget/costs to keep the noted that should the construction of current facilities new facilities be pursued, the existing operational/maintained. leisure centres would continue to • The costs involved in building two operate until any new facility opened. new leisure facilities.

Councillors encouraged residents to complete questionnaires and provide feedback in relation to the review of leisure centres.

A number of issues were raised in The Lead Officer to pursue and report relation to the Halesowen Area Action back to a future meeting. Plan as follows:- • Conformation of the period of the Plan. • Details of the work undertaken in line with the current Plan and future work proposals to improve Halesowen.

HCF/10

10 Congestion and inconsiderate/illegal Councillors acknowledged the ongoing vehicular parking in Shell Corner and problems in the area and highlighted surrounding areas. It was queried the lack of car parking facilities. The whether there was an Action Plan for Chair confirmed which vehicular Shell Corner and whether there were offences came under the jurisdiction of any plans to improve the current the Local Authority and Police. issues. The Lead Officer to pursue and report back to a future meeting.

20 Police and Communities Together

Sergeant D Skelhorn introduced himself and referred to the reasons behind the merge of Community Forums and PACT meetings; reported on the launch of the Active Citizen Funding and the new West Midlands Police website. He reported on the neighbourhood policing structure, the area in which his team covered and updated the Forum on a number of Police issues affecting the Halesowen area and controls and measures put in place to combat particular issues. A number of issues were raised by the public and responded to including, vehicle crime, operation of speed cameras, speeding in the area and the need for a police presence at various targeted areas and the role and number of traffic enforcement officers.

Reference was also made to the possibility of purchasing a pro-laser speed gun for a number of agencies to use to prevent speeding in the Halesowen Area and an update was given in relation to the review of car parking in Dudley.

Sergeant Skelhorn indicated that the Police were committed to carrying out and protecting the services they provided to the community at the level expected, however, with limited resources available and the number of offences being reported, commitments, priorities and resources frequently needed to be reallocated.

In responding to a particular issue in relation to crime figures, Sergeant Skelhorn undertook to circulate statistical information on crime in the Halesowen area to Ward Councillors and provide regular updates and information pertinent to the area at future meetings.

21 Community Forum Funding

Application Recommendation

The Friends of Hurst Green Park Approval of £1,000 to purchase tools and equipment and funds to donate to the Community Payback Team for services provided.

HCF/11

11 (NB: Councillors H Bills and K Shakespeare, Ward Councillors for Halesowen North, declared an interest for transparency purposes as representatives of the group and took no part in the discussion or recommendation).

Halesowen in Bloom Deferred for further information.

22 Active Citizens and the Community Council

Due to time limitations, J Pritchard provided a brief introduction on activities undertaken by the Active Citizens and the Community Council. Members agreed that this item be considered at the next meeting of the Forum.

23 Working with you: Topics raised by Local Councillors

No issues were raised under this agenda item.

24 Date, Time and Venue of Future Meeting

It was reported that the next meeting of the Community Forum would be held on the following date:

• Thursday 16th March, 2017 – Halesbury School – 6.30pm

The meeting ended at 8.30pm

HCF/12

12 Action Notes of the Netherton, Woodside and St Andrews/Quarry Bank and Dudley Wood Community Forum

Tuesday 10th January, 2017 at 6.30pm at Woodside Community Centre, Highgate Road, Dudley

Present:-

Councillor Q Zada (Chair) Councillor B Cotterill (Vice-Chair) Councillors J Cowell, C Perks, D Sparks and E Taylor

Officers:-

A Tromans - Lead Officer to the Forum (Information Systems Manager, ICT Services) and H Shepherd - Democratic Services Officer (Chief Executives Directorate)

Also in attendance

Sergeant A Revell and PC K Singh, West Midlands Police (Agenda item no. 6) D Roberts, DMBC Community Engagement (Agenda item no. 7)

There were 10 members of the public in attendance.

19 Welcome and Introductions

The Chair welcomed everyone to the meeting followed by general introductions.

20 Listening to you – Questions and Comments by Local Residents

Subject Action

A resident expressed concerns with Councillor B Cotterill provided regards to a plot of land in Hill Street, background information about the site Quarry Bank, that was being used to and stated that he was awaiting a store material and vehicles and had response from the Strategic Director become an eyesore to local residents. Place with regards to how this could be progressed.

Referred for a response/action.

A resident requested a grit bin to be Referred for a response/action. installed in Ounsdale Road, Netherton, replacing one that was previously removed.

NQCF/10

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A resident referred to the on-going issue The Chair agreed that this was an on- of fly tipping in Cochrane Road and going issue that needed to be resolved. requested that consideration be given to preventative measures being installed. Referred for a response/action.

Two representatives from Dudley CCG Noted. were in attendance to inform residents of the proposed relocation of the Links Residents raised concerns, particularly in Medical Practise to the Netherton Health relation to the access to the building from Centre. Residents were encouraged to the rear car park and the restricted attend the ‘drop in’ session that was disabled parking bays at the front of the being held at Netherton Health Centre premises, which the Chair requested be on Friday 20th January, 2017 between taken into consideration as part of the 9am and 1pm to make comments or consultation. express concerns.

21 Working with you: Topics raised by Local Councillors

Subject Action

Councillor D Sparks

Requested that the leaves at the Referred for a response/action. junction of Park Road/Park Walk, Quarry Bank, be cleared as it had been missed when the park’s leaves were cleared. It was stated that this area was prone to flooding and if left unattended could cause a serious accident.

Councillor B Cotterill

Referred to the Christmas tree that was Referred for a response/action. sited in Quarry Bank. It was commented that the tree was in a poor condition when installed and rapidly deteriorated over the Christmas period and requested that the Community Forum received a 50% refund from the grant application that was paid for the tree.

NQCF/11

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22 Community Forum – Love Your Local Community Funding

Application Decision made since the last meeting

Woodside Community Centre Approval noted of £800 allocated from the Netherton, Woodside and St Andrew’s Ward budget.

23 Police and Communities Together

Sergeant A Revell and PC K Singh was in attendance at the meeting and referred to the reasons behind the merge of Community Forums and PACT meetings; reported on the launch of the Active Citizen Funding, the new West Midlands Police website and the crime statistics for both wards.

24 Active Citizens and the Community Council

D Roberts, DMBC Community Engagement, was in attendance at the meeting to present and work with local residents to identify how people could make a real difference in the area where they lived. The great work that was already happening in communities and the importance of communities working together to respond to challenges and local issues was discussed.

25 Dates, time and venues of future meetings

Tuesday 21st March 2017 – Savoy Centre

The meeting ended at 7.50 pm.

NQCF/12

15 Action Notes of the Brierley Hill and Brockmoor & Pensnett Community Forum

Wednesday 11th January, 2017 at 6.30pm at the The Hawbush and District Community Association, The Oakfield Centre, 245 Brettell Lane, Brierley Hill.

Present:-

Councillors J Foster, Z Islam and J Martin.

Officers:-

H Martin - Lead Officer to the Forum (Head of Planning and Development) and K Buckle - Democratic Services Officer (Chief Executive’s Directorate).

Together with nine members of the public

20 Election of Chair

Councillor J Martin was elected Chair for this meeting of the Forum only.

21 Welcome and Introductions

The Chair welcomed those present and Members and Officers introduced themselves.

22 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Councillors S Craigie, R Harris and K Jordan.

23 Listening to you – Questions and Comments by Local Residents

Subject Action

A request that a two hour parking limit The Lead Officer to liaise with the outside business premises in Dudley Council’s Chief Officer Place and Road, Brierley Hill be increased due to Environmental Services. Councillor Z the time limit affecting custom and local Islam would liaise with Councillor R residents. Harris.

BHCF/10

16 24 Working with you: Topics raised by Local Councillors

Councillor Islam urged those present to contact their Ward Councillors should they wish to raise any issues or concerns.

Councillor J Martin advised that he had been contacted by a local resident in relation to the area close to boundary of the junction around Brockley Close and Fenton Street being obscured by parked cars, posing a danger to other road users. Councillor J Martin would provide Councillor Z Islam with details of the questioner in order that he could investigate the concerns raised. It was noted that it would be necessary to consult with local residents in relation to any proposal to introduce a Traffic Regulation Order.

Following concerns raised in relation to off road motorcycles using Fens Pool and Barrow Hill Nature Reserve it was noted that Ward Councillors would continue to work with the Police in order to eradicate problems.

25 Police and Communities Together

Sergeant A Sobolewski was in attendance at the meeting and referred to the reasons behind the merger of Community Forums and PACT meetings; reported on the launch of the Active Citizen Funding, the new West Midlands Police website and the crime statistics for both wards.

26 Community Workshop – Active Citizens and Community Council

J Pritchard and L Tang, DMBC Community Engagement, were in attendance at the meeting to present and work with local residents to identify how people can make a real difference in the area where they live. The great work that was already happening in communities and the importance of communities working together to respond to challenges and local issues were highlighted.

27 Community Forum – Love Your Local Community Funding

Application Recommendation

Corbyns and Bromley TRA Application Withdrawn.

Friends of Sycamore Adventure Refused as did not meet the local criteria.

Dudley Carers Deferred for further information.

Discover U Refused as did not meet the local criteria

BHCF/11

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28 Date, time and venue of the next meeting

Wednesday 15th March, 2017 – 6.30pm – Venue of to be confirmed.

The meeting ended at 8.45 pm.

BHCF/12

18 Action Notes of the Castle and Priory, St James’s and St Thomas’s Community Forum

Wednesday, 11th January, 2017 at 6.30 pm at St John’s Parish Hall, St John’s Road, Kates Hill, Dudley

Present:

Councillor A Ahmed (Chair) Councillor K Finch (Vice-Chair) Councillors K Ahmed, S Ali, M Aston, C Bayton, A Finch and S Waltho

Officers:

S Griffiths (Democratic Services Manager - Lead Officer to the Forum) Sergeant A Revell and PC I Priest - West Midlands Police (Dudley Central); D Roberts (Research and Intelligence Officer) and D Tiwana (Project Support Officer) together with 34 members of the public.

14 Welcome and Introductions

The Chair welcomed everyone to the meeting. Following general announcements Councillors and Officers introduced themselves.

15 Listening to you – Questions and Comments from Local Residents

Subject Action

Parking issues outside Priory Ward Councillors undertook to visit the location Primary School in Limes Road, and raise the issue with parking enforcement Dudley and adjacent streets. officers.

Request for an update regarding Referred to the Chief Officer Environmental the timescale for the installation Services. of speed cameras on Birmingham New Road.

Request for the Council to clear The issue regarding the crematorium had been up leaves at Gornal Wood raised with the relevant Head of Service. Crematorium and on pavements Reference was made to the severe financial around the Kates Hill/Dixons pressures requiring the Council to prioritise Green area. activity of this nature.

Traffic calming measures at No petitions had been received. The Ward Gervase Drive, Dudley. Councillors would review the situation if any petitions were submitted in the future.

CPCF/13

19 General issue concerning Local Ward Councillors indicated that they were Councillors engaging with local involved in a wide range of local issues and people, community groups and community engagement activities. Residents voluntary organisations. were encouraged to contact their local Ward Councillors at any time regarding any issues or concerns.

Complaints from residents of Representatives of the Police and Councillors Brereton Close, Dudley noted the concerns regarding anti social regarding littering, anti social behaviour. The issues associated with parking behaviour and the use of the restrictions and litter enforcement would also Close as a parking area by be raised with the relevant Council Directorate. taxis.

Parking enforcement issues in Members noted various community safety Queens Cross, Dudley concerns to be discussed further with the residents. Similar parking issues had been raised in other areas. Drivers were urged to park vehicles responsibly and it was emphasised that the Council would issue parking tickets in appropriate circumstances.

16 Working with you – Topics Raised by Local Councillors

The Lead Officer undertook to send a copy of the response concerning the site of the former Duncan Edwards Public House to Councillor M Aston.

Councillor C Bayton encouraged residents to contact her concerning involvement in forthcoming community activities.

Councillor A Finch requested that an assessment be undertaken of trees in Priory Road, Dudley. Some trees were obscuring street lighting and potentially increasing the risk of accidents occurring. This matter would be referred to the Chief Officer Environmental Services.

Councillor S Ali referred to parking issues in Hall Street/St John’s Road, Dudley, which had already been raised with the Place Directorate.

The Chair encouraged local residents to contact their Ward Councillors directly with any local issues or concerns. Contact details were widely publicised and printed on the Community Forum agenda.

Councillor S Waltho referred to ongoing community engagement and consultation activities in the context of the Council’s budgetary issues. He encouraged residents to get in touch regarding participation in any local activities, such as community clean-ups and litter picks.

The Lead Officer circulated copies of the ‘Big Question’ budget consultation. All residents were encouraged to complete and return the document.

CPCF/14

20 The Forum received a verbal presentation by C Bennett (Agency Support and Development Officer) concerning the Council’s Winter Warmth services. Leaflets were circulated on a guide for residents for keeping warm and well at home during the winter months. Information was also provided on grants and assistance available to local people.

17 Police and Communities Together (PACT)

Representatives of West Midlands Police attended the meeting and referred to the reasons behind the proposal to merge Community Forums and PACT meetings. A general overview of policing issues was given, with particular reference to key issues concerning the wards covered by this Community Forum. Matters raised included activity to prosecute people involved in dealing and supplying illegal drugs, Anti Social Behaviour and the responsibilities of the Police and Council, fly tipping, off road biking and road safety issues following recent fatalities. Reference was also made to the need for the Police to continue active and positive engagement with Neighbourhood Watch Co-ordinators.

The Forum supported the incorporation of PACT business within the future Community Forum meetings. The Chair noted that the Council’s Overview and Scrutiny Management Board would be considering Anti Social Behaviour as part of its future work programme. The Board would consider the specific issue of Fly Tipping at its meeting on 19th January, 2017. Members of the public were encouraged to attend.

18 Community Forum – Love Your Local Community Funding

The Forum considered a report of the Lead Officer and made the following recommendations:

Application Recommendations

Friends of Jasmine Road Noted that formal confirmation was awaited Community Gardens (St from the People Directorate concerning the Thomas’s Ward) Council’s contribution to the match-funding.

If necessary, the Lead Officer, in consultation with the Chair and Vice-Chair and the Ward Councillors, was authorised to make a recommendation as a matter of urgency on the allocation of any additional Community Forum funding.

CPCF/15

21 Unspent/Partially Spent Grant Applications

St John’s Preservation Group The Forum was advised that the approved funding of £1,500 was still required towards the project to develop unused land on two sides of the graveyard to be a nature conservation area. Accordingly, it was recommended that the grant approval be extended by a further 6 months.

Friends and residents of Buffery The Lead Officer was asked to contact both Park and RAF Dudley Branch organisations concerning the unspent balances of £50 and £53.20 respectively. These funds would be returned to the Community Forum balances if no longer required.

19 Active Citizens and the Community Council

D Roberts (Research and intelligence Officer) and D Tiwana (Project Support Officer) attended the meeting to give a presentation and engage with local residents to identify how people could make a real difference in the area where they lived.

The workshop session focussed on the positive work and projects that were already taking place in local communities and emphasised the importance of communities working together to respond to challenges and deal with local issues.

20 Date of Next Meeting

Wednesday 15th March, 2017 – 6.30pm at St Barnabas Church, Middlepark Road, Russells Hall, Dudley.

The meeting ended at 8.20pm

CPCF/16

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Action Notes of the Kingswinford North and Wall Heath, Kingswinford South and Wordsley Community Forum

Thursday 12th January, 2017 at 6.30pm at Kingswinford Royal British Legion Club, Summerhill, Kingswinford, DY6 9JG

Present:

Councillor Lawrence (Vice-Chair in the Chair) Councillors P Brothwood, P Harley, L Johnson, K Lewis, N Richards, M Rogers and D Tyler.

Officers:

A Webb (Lead Officer) Place Directorate and L Jury (Democratic Services Officer)

Also in attendance:

Kim Smith (agenda item no 3). Sergeant A Sobolewski – West Midlands Police (agenda item no. 7) M Shaw - Friends of Sycamore Adventure – (agenda item no 6). Representatives of Dudley Sports Bowling Club, Kingswinford – (agenda item no 6).

Together with 19 members of the public.

18. Apologies for absence.

Councillor Miller

19. Welcome and Introductions.

The Chair welcomed those present at the meeting, and members introduced themselves. In order to accommodate people who needed to leave the meeting early, the Chair requested that the agenda be heard in the following order: 3, 6, 4,5,7,8.

20. Winter Warmth

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23 Kim Smith from Housing Options and Support Service, gave a short presentation on the Council’s Winter Warmth initiative which gave advice and assistance on how to keep warm and well during the winter months. Reference was also given to the Disabled Facilities Grant and leaflets with more details of the schemes and contact details were left for anyone interested .

The Chair thanked Ms Smith for her presentation.

21. Community Forum – Love Your Local Community Funding

Application Recommendation

Dudley Sports Bowling Club, Approved, £3,000 towards the cost of providing Kingswinford a shed, equipment and tools for the future maintenance of a sports ground.

Sycamore Adventure Deferred in order for the applicant to obtain and submit three other quotes for the creation of an online registration system. This application to be re-considered at the next Forum meeting providing that the quotes have been received.

22. Listening to you: Questions and Comments from Local Residents

Subject Action

A resident referred to the increase in Noted. litter along Lawnswood Road. Reference was made to the volunteer litter pick up scheme.

A resident referred to the proposed Noted. closure of leisure centres by the Council and urged residents to add their support to the campaign to save the centres. A short discussion ensued in which residents were urged to take part in the consultation process.

KCF/11

24 A resident raised the following issues:

- the future of Crossroads Care in light Noted. of funding cuts;

- praise for Black Country Housing having listened to patients, relatives and the wider community with their Noted. proposal to build a new care home;

- bed blocking due to the closure of Noted. care homes;

- the increase in fly tipping in the Noted. borough;

- questioned the value for money of the Dudley Ambassador and her team. Noted.

Referring to the incursion of travellers Ward Members gave a verbal update onto land in the Kingswinford/Wall on initiatives being considered. Heath/Wordsley wards last year, residents questioned whether any plans were in place to prevent such incursions in future.

23. Working with you: Topics raised by Local Councillors

Subject Action

Councillor Tyler, on behalf of the Noted. Forum, congratulated Kensington Ltd on the successful Christmas lighting event they had organised.

24. Police and Communities Together

Sergeant Sobolewski was in attendance at the meeting and referred to the decision to merge the Community Forums with the PACT meetings and distributed leaflets explaining the lunch of Active Citizens and how residents could join up to the scheme and its benefits.

The Chair thanked Sargent Sobolewski for his presentation and welcomed the involvement of the Police at future meetings and it was agreed that this item be placed at the start of the agenda.

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25. Date, Time and Venue of Future Meetings

The date of the next meeting was noted as:

Tuesday 21st March 2017, commencing at 6.30pm to be held at Kingswinford Royal British Legion Club, Summerhill, Kingswinford.

The meeting ended at 8.05pm.

KCF/13

26 Action Notes of the Norton, Pedmore and Stourbridge East, Wollaston and Stourbridge Town Community Forum

Thursday 12th January, 2017 at 6.30pm At Norton Community Centre, Kempton Way, Norton, Stourbridge

Present:

Councillor N Barlow (Chair) Councillors S Clark, A Hopwood, I Kettle and H Rogers.

Officers:

A Leigh (Lead Officer) (Head of Service – Housing Strategy and Development) and H Shepherd (Democratic Services Officer)

Also in attendance:

Sergeant N Slym and PSCO J Kirk - West Midlands Police (Agenda item no. 6)

Together with 24 members of the public

18 Welcome and Introductions

The Chair welcomed those present and Members and Officers introduced themselves.

19 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Councillors M Attwood, C Elcock, L Jones and A Lees.

20 Listening to you: Questions and Comments from Local Residents

Subject Action

A presentation was provided by H Noted. Langley, Winter Warmth Support Service, DMBC, on how to keep warm and well during the winter months and the services that were available to local

NPCF/10

27 residents. Reference was also made to the Dudley Home Improvement/Adaption Service and the Snow Busters Scheme and leaflets on available services were circulated at the meeting.

A member of the public requested an Councillor I Kettle advised that to lease update on the leasing of Wollescote the land would be contrary to the deed Park and the provision to play ball of gift, as the land was not council games on Sundays following the high owned. level of support received from the consultation. Councillor H Rogers also commented that the consultation had not been explicit enough with detail for the public to make a definitive decision. Any change to a deed of gift would need to be made by the Charity Commission or via a court order. Further in-depth discussions would be held at the next Ernest Stevens Trusts Committee.

Members of the public referred to the The Chair confirmed that no decision review of leisure centres in the had been made with regards to the Borough and the impact this could future of leisure centre provisions and a have on Stourbridge Town and the lot of work was still to be done in community, and raised concern in developing future proposals and relation to the reported money spent exploring viable options, but on option appraisals undertaken which acknowledged that the Council could could have been utilised in other ways. not maintain the services in their current format. It was commented that the review was in its early stages and it was expected that Councillors, partner organisations, public and users of the facilities would all be engaged and consulted as part of the review.

A member of the public expressed the Referred for a response/action need for additional funding to support the pre-school playgroup that is operated from St Michael’s Church Centre in Norton.

A member of the public referred to the Referred for a response/action grass area in between the houses in Maynard Avenue and the rear of Broadway flats and St Michael’s church grounds and requested that the area be cleared of the dog fouling and rubbish so that it could be used by church groups and children.

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21 Working with you: Topics raised by Local Councillors

Councillor I Kettle

Advised that he was exploring the Noted possibility of a review of parking restrictions in the outer areas of Stourbridge Town which had become oppressive and were affecting residents lifestyles.

Councillor H Rogers

Requested that consideration be Referred for a response/action. given to resurfacing the car parking area at Norton Community Centre, Kempton Way.

Councillor N Barlow

Referred to a noticeable increase in Noted. dog fouling in the Somerset Drive/Vicarage Road/Bridgenorth Road, Wollaston area and would be pursuing enforcement action. He also advised that in affected areas a dog stencil could be sited to encourage dog owners to ‘pick up’ and residents were encouraged to notify Ward Councillors of any affected areas.

22 Community Forum Funding

Application Recommendation

Beacon Centre for the Blind Refused, as it was considered that Community Forum funding was not the appropriate funding type for this application.

Pedmore Cricket Club Approve £4800

St Michaels Church Approve £2200

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23 Police and Communities Together

Sergeant N Slym and PC J Kirk were in attendance at the meeting and referred to the reasons behind the merge of Community Forums and PACT meetings; reported on the launch of the Active Citizen Funding, the new West Midlands Police website and the crime statistics for both wards.

Resident asked questions and responses were provided where appropriate.

24 Dates, Time and Venues of Future Meetings

Meetings of the Community Forum would be held on the following dates: • Thursday 16th March, 2017 – Our Lady and All Saints Parish Centre

The meeting ended at 8pm

NPCF/13

30 Action Notes of the Belle Vale, Hayley Green and Cradley South Community Forum

Monday 16th January, 2017 at 6.30pm at Caslon Primary School, Beeches View Avenue, Halesowen

Present:

Councillor J Hill (Chair) Councillor S Phipps (Vice-Chair) Councillors R Buttery, I Cooper, A Goddard and L Taylor

Officers:

A Webb (Lead Officer to the Forum) – Interim Head of Sport and Leisure (Place Directorate) and K Griffiths (Democratic Services Officer) – Chief Executive’s Directorate

Also in attendance:

C Bennett – Agency Support and Development Officer (Agenda Item no. 3) Sergeant D Skelhorn, West Midlands Police (Agenda item no. 7) J Pritchard, DMBC Community Engagement (Agenda item no. 8)

Together with 5 members of the public

16 Welcome and Introductions

The Chair welcomed those present to the meeting.

17 Winter Warmth Presentation

The Forum considered a verbal presentation by C Bennett on the Council’s Winter Warmth services, circulating leaflets providing a guide for residents of the Dudley Borough to keeping warm and well at home during the winter months. Information was also given on grants that were available to people with specific illnesses or a disability to assist with adaptations being made to their homes. Advice on schemes that would assist with bills and provide assistance with price checking in order to secure more affordable utility providers was also included together with contact details.

The Chair thanked C Bennett for the extremely helpful and informative presentation.

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18 Listening to you: Questions and Comments from Local Residents

Subject Action

A presentation was given on work Noted. undertaken to achieve a Dignity Charter for Dudley. Paper hearts were distributed at the meeting, with a request that those present express on the heart what dignity meant to them. The hearts would be displayed on a tree at Queens Cross Centre, Wellington Road, Dudley and used to produce the Dignity Charter.

A resident referred to the review of Councillors acknowledged that the Leisure Centres and the proposal to three leisure facilities were in need of close three leisure centres in Dudley, modernisation to comply with modern Halesowen and Stourbridge and standards, however, expressed replace with two new leisure facilities in concern in relation to the negative Lye and Flood Street, Dudley. impact the loss of Halesowen Leisure Particular mention was made to the Centre would have on the Town Centre. impact on Halesowen Comments were also made on the residents/businesses/trade and the need for a leisure facility to be based in Halesowen BID project and that Halesowen as Councillors regarded Lye Halesowen Leisure Centre was a very to be too far away for residents to popular and well used facility used by a access. Suggestions were made to variety of age groups. consider Pool Road car park as a possible location for a new leisure facility, which would alleviate current issues in that area and incorporate other services in to the new facility.

The Lead Officer updated the Forum on the current position. No decisions had been made at this point and further detailed studies were continuing. It was noted that should the construction of new facilities be pursued, the existing leisure centres would continue to operate until any new facility opened.

Councillors encouraged residents to complete questionnaires and provide feedback in relation to the review of leisure centres.

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19 Working with you: Topics raised by Local Councillors

Subject Action

In referring to the Christmas light Lead Officer to pursue and respond to switch on in Halesowen, Councillor Councillors. S Phipps expressed concern that the Christmas tree at St John the Baptist Church in High Street had been erected after the event. He queried when the tree was erected and requested that this be rectified prior to this year’s event.

20 Police and Communities Together (PACT)

Sergeant D Skelhorn introduced himself and referred to the reasons behind the merge of Community Forums and PACT meetings; reported on the launch of the Active Citizen Funding and the new West Midlands Police website. He reported on the neighbourhood policing structure, the area in which his team covered and updated the Forum on a number of Police issues affecting the Halesowen area and controls and measures put in place to combat particular issues. A number of issues were raised by the public and Councillors. Issues were responded to at the meeting included anti-social behaviour in the area adjacent to the skatepark in Highfield Lane, rubbish, fly tipping and building vandalism.

Sergeant Skelhorn indicated that the Police were committed to carrying out and protecting the services they provided to the community at the level expected, however, with limited resources available and the number of offences being reported, commitments, priorities and resources frequently needed to be reallocated.

21 Community Forum Funding

Application Recommendation

Friends of Sycamore Adventure Approval of £750 to contribute towards the development of an online registration system for recording attendance at the adventure playground.

Halesowen Abbey Trust Approval of £1,100 towards the cost of purchasing an 8m span bridge which would re-open a popular footpath in Hasbury that had been flooded by a stream.

BVCF/8

33 Halesowen in Bloom Deferred. Members requested that the applicant attend the next meeting of the Forum to provide further information in relation to the application.

22 Active Citizens and the Community Council

J Pritchard (Programme Manager – Community Health Improvement) and S Manson (Principal Policy and Performance Management Officer) provided a brief introduction on activities undertaken by the Active Citizens and the Community Council. She referred to projects that were already taking place in local communities and emphasised the importance of communities working together to respond to challenges and deal with local issues. Members agreed that this item be considered at the next meeting of the Forum.

23 Date, Time and Venue of next Meeting

It was reported that the next meeting of the Community Forum would be held on the following date:

• Monday 20th March, 2017 – Lutley Community Centre

The meeting ended at 8.00pm

BVCF/9

34 Action Notes of the Amblecote, Cradley and Wollescote and Lye and Stourbridge North Community Forum

Monday 16th January, 2017 at 6.30pm at Withymoor Primary School, Gayfield Avenue, Amblecote

Present:

Councillor T Crumpton (Chair) Councillor P Bradley (Vice-Chair) Councillors J Baines, P Lowe, G Partridge, S Tyler and V Wale

Officers:

A Grove (Lead Officer - Head of Youth Service) and K Taylor (Democratic Services Officer)

Also in attendance

PC H Sloan, West Midlands Police (Agenda item no. 5) D Roberts and W Turley, DMBC Community Engagement (Agenda item no. 6)

Together with 46 members of the public

17 Apologies for Absence

Councillors R Body and M Hanif

18 Welcome and Introductions

The Chair welcomed everyone to the Amblecote, Cradley and Wollescote, Lye and Stourbridge North Community Forum and those present introduced themselves.

19 Listening to you: Questions and Comments from Local Residents

Subject Action/Response

Detailed discussions concerning the Ward Councillors provided an update recent influx of travellers within the and responded to questions raised by borough, with particular reference residents. It was reported that a made to the football fields and funding application for the sum of surrounding areas by Sainsbury’s in £6,000 to improve ground works on the Amblecote. A summary of concerns football pitches to prevent and issues were expressed below:- unauthorised vehicle access, had been submitted to the Forum for consideration.

ACF/11

35 • A request for the replacement of the During discussions, it was noted that bollards at Seven Dwellings Bridge the recent clean-up operation had cost • Concerns for safety approximately £6,000, and that • Possible discussions with consideration should be given by the Sainsbury’s regarding additional applicants of the funding application, to funding the possibility of requesting additional • The preferred option was to erect a funding towards a complete perimeter perimeter gate surrounding the gate being erected, which was football fields to prevent access by approximately £13,500, as Members travellers, depending on the and the public considered this to be an timescale involved. exceptional case. • Further investigations in obtaining a Borough Wide Ban PS Sloan also stated that criminal prosecutions could be imposed providing there was sufficient supporting evidence.

A resident referred to the budget Councillor Lowe provided an update saving proposal in relation to School and assured that a decision regarding Crossing Patrols, and questioned School Crossing Patrols had not been whether safety crossing signs outside made or funding withheld, and various Withymoor Primary School should be discussions was taking place to identify replaced by a pelican crossing given alternative funding options. The Chair that there was no longer a school encouraged residents to contact their crossing patrol. School Governing Body to ascertain the current position.

A representative of the Cradley Action Ward Councillors confirmed that there Group requested an update on the was no update at the current time, but derelict shops at Colley Gate, and that it was proving difficult to obtain a referred to a building adjacent to a developer. A further report would be council owned property that had presented to the Cradley Action Group serious structural damage, and highlighting the position once although a visit had been undertaken confirmed. by Dudley MBC, it was considered insufficient as they did not enter the Councillor Partridge undertook to building. contact the officers involved to discuss access to the property to undertake a structural survey, however this may be unavailable due to the property being privately owned.

Concerns raised regarding the costs Councillor Lowe provided an update of involved investigating the proposal to the budget pressures faced by the close three leisure centres in Dudley, Council, and that the proposals were to Halesowen and Stourbridge. identify a sustainable provision, as existing facilities were outdated. He assured residents that the existing leisure centres would continue to operate until any new facility opened.

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20 Working with you: Topics raised by Local Councillors

No issues were raised under this agenda item.

21 Community Forum Funding

Application Recommendation

Ehsas Carers Approved in the sum of £3,884.98

Friends of Wollescote Park Approved in the sum of £3,212.80, and that the remainder £1,606.40 be referred to the Norton, Pedmore and Stourbridge East and Wollaston and Stourbridge North Community Forum for consideration, given that the park was situated between the wards.

Access in Dudley Approved in the sum of £150 as it was considered that the application should be referred to all community forums on an allocation of £50 per ward.

Friends of Homer Hill Park Approved in the sum of £709

St Peters Church Deferred. The Ward Councillors agreed to visit the applicant to discuss the application further.

Friends of Amblecote Approved in the sum of £6,000 from the Amblecote Ward. It was commented that should the applicant be minded to apply for a grant of up £13,500 to further improve the security of the football pitches, then this would be considered an exceptional case, and could be considered under delegated powers if deemed necessary.

22 Police and Communities Together

PC H Sloan was in attendance at the meeting and referred to the reasons behind the merge of Community Forums and PACT meetings; reported on the new West Midlands Police website and twitter page and the crime statistics for the Amblecote and Lye wards, and responded to questions asked by residents and Councillors.

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22 Active Citizens and the Community Council

Due to time limitations, it was agreed that this item be considered at the next meeting of the Forum.

23 Dates, Times and Venues of Future Meetings

It was noted that the next meeting of the Community Forum would be held on the following date at 6.30 pm :-

20th March, 2017 – Lye Community Centre, Cross Walks, Lye

The meeting ended at 8.40 pm

ACF/14

38 Minutes of the Overview and Scrutiny Management Board

Monday, 28th November, 2016 at 6.00 p.m. at the Council House, Priory Road, Dudley

Present

Councillor D Perks (Chair) Councillor S Clark (Vice-Chair) Councillors A Finch, P Harley, K Jordan, L Jones, R Scott-Dow, E Taylor, S Tyler and S Waltho.

Officers:

A Lunt (Strategic Director Place), M Bowsher (Chief Officer Adult Social Care), I Newman (Chief Officer Finance and Legal Services), M Wooldridge (Portfolio Management Office Manager), C Blunn (Programme Manager) and S Griffiths (Democratic Services Manager – Scrutiny Officer)

32 Apologies for absence

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

33 Declarations of Interest

No member made a declaration of interest in accordance with the Members’ Code of Conduct.

34 Minutes

In referring to Minute No. 31, it was confirmed that fly tipping and an update on Dudley Museum would be included on the agenda for the meeting of the Board on 19th January, 2017.

Members also requested that the agenda for 19th January, 2017 include a presentation on procurement policy as a starting point for further scrutiny. This would incorporate an associated issue concerning contract extensions.

Resolved

That the minutes of the meeting held on 28th November, 2016, be approved as a correct record and signed.

OSMB/22 39

35 Public Forum

No issues were raised under this agenda item.

36 Corporate Quarterly Performance Report 2016/17

The Board considered the second Corporate Quarterly Performance report for 2016/17. The report covered the period 1st July to 30th September, 2016.

Following the presentation of the report, Members made comments, asked questions and responses were given where appropriate as follows:-

• Performance Indicator 418 - The national standard was to record sickness absence in days rather than as percentage. However, data was available in percentage terms based on full and part-time employees.

• Performance Indicator 361 - Maternity leave was not included within the long-term sickness performance indicator.

• Members requested that information be circulated as a matter of urgency with regard to costs associated with the full time equivalent hours lost from sickness absence and associated costs in relation to the employment of agency staff.

• Reference was made to the application of the Council’s Attendance Management policy and procedures to consistently manage short and long- term absences and make referrals to Occupational Health where appropriate. The Board questioned the application of the policies to schools and it was considered that, in future, the report should only include information relating to employees who were directly employed by the Council. Further advice would be sought from Human Resources concerning the implications for future reports.

• In connection with the sickness absence information, it was requested that future reports include a breakdown by Council Directorate.

• In connection with the sickness absence information, it was requested that future reports include a breakdown by Council Directorate and between Council employees based in primary and secondary schools.

• Performance Indicator 507 – a report on delayed transfers of care had been considered by the Health and Adult Social Care Scrutiny Committee.

• Performance Indicator 496 – in connection with permanent admissions of older people to residential and nursing care, reference was made to volume and capacity issues and the financial implications of the national living wage.

OSMB/23 40 • Performance Indicator 501 – it was acknowledged that the proportion of people aged 65+ at home 91 days after discharge from hospital was a national indicator. A more detailed breakdown could be given in respect of age profiles.

• Performance Indicator 1420 – the Board acknowledged the difficulties associated with encouraging eligible people to attend GP surgeries to receive health checks.

• Consideration would be given to the presentation of the data concerning customer feedback to show cumulative figures and forecasts. The Board acknowledged that the primary purpose of the report was to present performance information.

Resolved

That the report be noted and that the further information, as requested by the Board, be circulated to Members with a view to discussion at a future meeting.

37 Medium Term Financial Strategy

The Board considered a joint report of the Chief Executive and the Chief Officer Finance and Legal Services on the preliminary Medium Term Financial Strategy (MTFS) to 2019/20. The proposals had been approved by the Cabinet on 10th November, 2016 as a basis for consultation and scrutiny.

The Chief Officer Finance and Legal Services outlined the scrutiny and consultation process, following which a report would be presented to the Cabinet on 8th February and full Council on 6th March, 2017. All Scrutiny Committees had considered the consultation on the Medium Term Financial Strategy during November, 2016. The Scrutiny Committees had not made any formal resolutions to recommend specific amendments to the budget proposals at this stage.

The Place Scrutiny Committee had agreed to consider a further report on School Crossing Patrols at its meeting on 30th January, 2017. The Corporate Scrutiny Committee had requested a report to a future meeting on the use of agency staff within the Council including the re-employment of staff previously made redundant and the position concerning the Council’s Redundancy Policy. The Children’s Services Scrutiny Committee and Health and Adult Social Care Scrutiny Committee had made reference to the review of leisure centre provision, however, it was noted that this was not part of the budget report and this item would be the subject of a separate report to the Cabinet.

The Board referred to the cross-party working that had taken place regarding the budget proposals and the ongoing discussions relating to specific issues and potential alternative proposals. Reference was made to the continuing work to effectively manage the projected future budget deficits by implementing alternative delivery models and service transformation.

OSMB/24 41 With regard to the proposal to cease funding of staff car parking passes, it was suggested that the report should clarify that this involved a charge to the staff affected. The Board also noted the ongoing consultation and negotiations with trade unions concerning terms and conditions, which had also been raised at the Corporate Scrutiny Committee.

Resolved

That the work undertaken by Scrutiny Committees, together with the updates given at the meeting concerning ongoing scrutiny and consultation in relation to proposals for the Medium Term Financial Strategy to 2019/20, be noted.

38 Forward Plan of Key Decisions

The Board considered a report of the Lead for Law and Governance in relation to the Forward Plan of Key Decisions for the four-month period commencing 1st December, 2016.

The Board noted the addition of two items to be considered by the Cabinet on 9th December, 2016, namely:

• Transforming for the Future - Accommodation – Redevelopment of Lister Road and Leys Depots

• Transforming for the Future – Housing Stores – Appraisal of an Externally Managed Solution

Resolved

That the Forward Plan of Key Decisions be noted.

The meeting ended at 7.05 p.m.

CHAIR

OSMB/25 42 Minutes of the Overview and Scrutiny Management Board

Thursday, 19th January, 2017 at 6.00 p.m. at the Council House, Priory Road, Dudley

Present

Councillor D Perks (Chair) Councillor S Clark (Vice-Chair) Councillors A Finch, K Jordan, L Jones, P Miller, R Scott-Dow, E Taylor, D Vickers and S Waltho

Scrutiny Officer

S Griffiths (Democratic Services Manager)

Also in attendance at the invitation of the Board

Councillor H Bills (Cabinet Member for Environmental Services), M Williams (Chief Officer Environmental Services) and H Marsh-Geyton (Head of Fleet and Waste Care) - For Minute No. 44 below

Councillor K Ahmed (Cabinet Member for Planning and Economic Development), S Connelly (Head of Visitor Economy and Cultural Services) and S Cooper (Head of Corporate Landlord Services) - For Minute No. 45 below

Together with 3 Members of the Public.

39 Apologies for Absence

Apologies for absence from the meeting were received on behalf of Councillors R Body, P Harley and S Tyler.

40 Appointment of Substitute Members

It was reported that Councillors P Miller and D Vickers were serving as substitutes for Councillors S Tyler and P Harley respectively.

41 Declarations of Interest

No member made a declaration of interest in accordance with the Members’ Code of Conduct.

OSMB/26 43

42 Minutes

Resolved

That the minutes of the meeting held on 28th November, 2016, be approved as a correct record and signed.

43 Public Forum

The Board received representations from a resident concerning experiences as a victim of Anti Social Behaviour. The Board acknowledged the need to take account of cases of this nature when reviewing future policies and procedures. A special meeting of the Overview and Scrutiny Management Board would be arranged during the current municipal year to conduct an in-depth scrutiny inquiry relating to Anti- Social Behaviour (see Minute No. 48 below).

44 Fly Tipping in Dudley Borough

Further to Minute No. 31 of the meeting held on 25th October, 2016, a report of the Strategic Director Place was submitted on the work carried out by the Council’s Waste Enforcement Section to address fly tipping in the Borough. The Chief Officer Environmental Services gave an overview of the key issues and ongoing activity as summarised in the report.

The Chief Officer referred to the need to prioritise waste enforcement activity to deal with large scale incidents of illegal dumping, working in partnership with the Environment Agency. Statistical information was presented concerning reported incidents of fly tipping and trends in the period 2007/08 to 2014/15. Whilst some flexibility was required, it was important that all reported incidents were accurately recorded to distinguish between serious incidents of fly tipping, issues of littering and matters which were classified as criminal behaviour.

The Council currently employed 8.3 full time equivalent enforcement officer posts. The report identified a number of fly tipping ‘hot spots’ and it was acknowledged that there were other areas in the Borough that experienced similar problems. Relatively low-cost visual deterrents, such as signage, had improved the situation in some areas where fly tipping was a persistent problem. The Waste Enforcement Team had been successful in tackling issues such as the large scale dumping of household waste. Reference was made to a number of recent incidents where large trailer units containing household waste had been abandoned. Following enquiries an illegal waste transfer station had been identified and, with the involvement of the Police and Environment Agency, arrests had been made.

OSMB/27 44 The Board was advised of issues associated with the use of CCTV and covert surveillance techniques in connection with identifying and prosecuting offenders. Officers were keeping this issue under active consideration taking account of the financial implications of purchasing suitable technology, the standard of images required to secure successful prosecutions and the legal issues associated with surveillance. The Board recognised the need for a proportionate approach to the use of technology, including a full cost/benefit analysis and learning from the experience and techniques employed by other local authorities.

Reference was made to the need to raise public awareness and standards of behaviour, improve communication and education regarding the implications of fly tipping. This would build upon previous national and local campaigns such as ‘Keep Britain Tidy’. It was considered important to reinforce the message that fly tipping was unacceptable criminal behaviour with associated legal sanctions for offenders; promote awareness of the implications for taxpayers and the detrimental effects on the environment.

The need to increase and improve education was recognised at national and local levels. The Keep Britain Tidy campaign had recently launched an action plan with regard to fly tipping (#CrimeNotToCare) aimed at working in partnership with local authorities and their contractors to raise awareness and reinforce the message that if residents and businesses wanted cleaner communities, the legal duty of care should be clearly understood. National research indicated that over a third of people surveyed did not recognise the illegality of the behaviours associated with fly-tipping, including the liabilities and duty of care associated with the engagement of third parties in disposing of waste.

The Board noted that the promotion of successful enforcement activity and associated information campaigns could be a key driver to change public attitudes towards fly-tipping. The Chief Officer Environmental Services reported that it was planned to develop a local awareness campaign in conjunction with the Council’s Communications and Public Affairs Team. This would include information about the waste disposal services available to residents and businesses to dispose of, or recycle, their waste items cheaply, safely and legally. Members considered that it was important to extend the campaign to include schools and other targeted groups to promote the Council’s ‘Love Your Local Community’ approach.

The Board supported the ongoing activity to address the various issues associated with fly tipping. The Chief Officer Environmental Services undertook to consider the comments and suggestions made with a view to developing more proactive and imaginative ways of reducing the financial and other burdens on the Council. This would include the viability of extending the use of camera technology to strengthen enforcement activity, consideration of the use of signage in other areas where fly tipping was a persistent problem and further targeted publicity campaigns.

The Cabinet Member for Environmental Services and the Chief Officer acknowledged the role of the Overview and Scrutiny Management Board in assisting with policy development by highlighting the various issues relating to fly-tipping. This had made a positive contribution to the internal service review being undertaken by the Place Directorate.

OSMB/28 45 Resolved

(1) That the report and progress update be noted.

(2) That the Cabinet Member and the Chief Officer Environmental Services give further consideration to the key issues identified by the Board, as summarised above, in relation to the ongoing review of the Waste Enforcement service and in progressing the key initiatives to tackle problems associated with fly tipping in the Borough.

45 Relocation of Dudley Museum

The Board considered a report of the Strategic Director Place giving a progress update concerning the relocation of Dudley Museum following the recommendations made by the Overview and Scrutiny Management Board held on 18th July, 2016 (Minute No. 20 of that meeting refers).

The Cabinet Member for Planning and Economic Development gave an overview of the key issues set out in the report, in particular the actions to address the key recommendations made by the Overview and Scrutiny Management Board. The former Museum had closed on 22nd December, 2016 and officers acknowledged the need to ensure that the building was not left empty for an unreasonable period of time. Work was in progress to relocate the museum exhibits and collections. Corporate Landlord Services had undertaken a feasibility study for the building to be used as office and training accommodation. Structural work would be undertaken at the earliest opportunity.

The new facilities at the building in St James’s Road, Dudley were scheduled to be opened during the 2017/18 financial year. Following discussions with the Trustees, the Brooke Robinson Collection would be located on the Ground Floor of the building in St James’s Road, however, the collection would not be accessible to the public until the new facilities were opened. The Percy Shakespeare art collection would be relocated to the new facility at Dudley Archives.

It was intended that the former Museum building would also accommodate training currently provided at Saltwells Education Development Centre (EDC) and provide office accommodation to complement agile working arrangements within the Council campus in Dudley Town Centre. A reception facility would be retained in the St James’s Road building. The proposals aimed to maximise the use of Council owned buildings, including Dudley Town Hall, and increase footfall in the Town Centre. The new Museum facilities at Dudley Archives were scheduled to open at the end of August, 2017 to coincide with school visits from September, 2017 onwards. The Board commented on the need to ensure that the Borough’s historical assets were displayed and marketed imaginatively and promoted as part of the ‘Dudley Trail’ to emphasise the historical significance of Dudley and the other towns in the Borough.

OSMB/29 46 Members of the Board expressed concerns regarding the budget provision and financial implications of the required works to the former Museum building to ensure that this met the standards required for modern office accommodation and other associated uses such as training, meetings and public access to the Brooke Robinson collection. Concerns were expressed regarding car parking and that the building in St James’s Road would not be easily accessible or have the capacity to relocate all the activities currently undertaken at Saltwells EDC. The Cabinet Member emphasised the need to maximise the use of the Council’s buildings in the current financial climate. Further work was required concerning the detailed financial implications, however, the disposal of the Saltwells site would potentially generate a significant capital receipt to the Council.

With regard to the other recommendations made by the Board, it was noted that the new Keeper of Glass and Fine Art had been appointed and a key element of her remit was to promote and display the collection of glass and fine art imaginatively and in locations/public buildings where it had not previously been seen. The Archive building had approximately 40 parking spaces together with an identifiable drop-off point for coaches to use during school visits. The Geopark bid had been submitted in 2015 and the outcome was anticipated in March/April, 2017. The Black Country Geopark Hub would be based within the new Museum together with the inclusion of research facilities. Detailed project work was continuing to focus on how the Archives and Museum facilities could work together efficiently on the same site.

Members also referred to issues relating to the potential sale of the Duncan Edwards collection, which was currently the subject of detailed negotiations. The Cabinet Member acknowledged the sensitivity of this issue and assured the Board that extensive efforts were being made in the ongoing discussions to ensure that key items from the collection remained on display in the new Museum facility at Dudley Archives.

Resolved

(1) That the report and progress update be noted.

(2) That the Cabinet Member for Planning and Economic Development and the relevant officers take account of the issues identified by the Board, as summarised above, in relation to the ongoing project to relocate Dudley Museum to the Archives building in Tipton Road and to develop the new facilities at the former Museum building in St James’s Road, Dudley.

46 Procurement

Resolved

That this item be deferred until the next meeting of the Board on 1st March, 2017.

OSMB/30 47

47 Forward Plan of Key Decisions

The Board considered a report of the Lead for Law and Governance in relation to the Forward Plan of Key Decisions for the four-month period commencing 1st February, 2017.

Resolved

That the Forward Plan of Key Decisions be noted.

48 Anti Social Behaviour

Further to the Council Debate held on 12th December, 2016, the Board discussed the proposed approach to a scrutiny review relating to Anti Social Behaviour.

The Board was of the view that a special meeting of the Board should be convened for this purpose taking the form of a full-day ‘Select Committee’ style inquiry. Members suggested that the scope of the meeting should include:

• A review of policies, procedures, systems, timescales and methodology adopted by the various stakeholders involved in dealing with Anti Social Behaviour. • Case studies on the effects of Anti Social Behaviour (anonymised as appropriate). • Submissions from a range of stakeholders, including the Cabinet Member for Housing; Chief Officer Housing (public and private sector housing management); Community Safety Team; Anti-Social Behaviour Team; Legal Services; West Midlands Police and Environmental Health. • An opportunity for all Members of the Council to make representations • Information about the handling of complaints (whilst noting that it was not appropriate to discuss any personal circumstances or individual cases under active consideration).

Resolved

(1) That the Scrutiny Officer, in consultation with the Chair, give further detailed consideration to the practical arrangements for a special meeting of the Overview and Scrutiny Management Board to undertake the scrutiny review relating to Anti Social Behaviour.

(2) That a report on the proposed scope and methodology of the scrutiny review be submitted to the next meeting of the Board on 1st March, 2017.

The meeting ended at 8.40 p.m.

CHAIR

OSMB/31 48

Minutes of the Children’s Services Scrutiny Committee

Wednesday 1st February, 2017 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:

Councillor A Millward (Chair) Councillor M Mottram (Vice-Chair) Councillors M Attwood, C Bayton, K Lewis, A Lees, P Miller, S Ridney, D Vickers and V Wale

Officers:

M Williams - Chief Officer Environmental Services (Lead Officer); T Oakman – Strategic Director People; S Butcher – Chief Officer Children’s Services; H Ellis – Head of Family Solutions and M Johal – Senior Democratic Services Officer

29 Apologies for absence

Apologies for absence from the meeting were received on behalf of Councillors P Bradley and R Buttery and Mr Rodrigues and Mr Tasker.

30 Appointment of Substitute Member

It was reported that Councillor P Miller had been appointed to serve as a substitute Member for Councillor R Buttery for this meeting of the Committee only.

31 Declarations of Interest

Councillor S Ridney declared an interest in Agenda Item No 9 (School Place Planning and Admissions) as she has been the Chair of the former Governors of the School in 2008, was a Member of the former Interim Executive Board and is currently the Chair of Governors of the Coseley School should any reference be made to that school during the debate.

Councillor M Mottram declared an interest in Agenda Item No 9 (School Place Planning and Admissions) as he was a member of the former Governors of the Coseley School should any reference be made to that school during the debate.

CS/ 14 49

32 Minutes

Resolved

That, the minutes of the Children’s Services Scrutiny Committee meeting held on 16th November, 2016, be approved as a correct record and signed.

33 Public Forum

No issues were raised under this agenda item.

34 Introduction to Key Performance Indicators

The Committee considered a report of the Strategic Director People on performance against critical key indicators and details relating to the impact of improvement activity to date.

Resolved

That the information contained in the report on key performance indicators be noted.

35 Children’s Services Improvement Plan – Presentation

The Committee considered information contained within the Children’s Services Improvement Plan together with a summary of the plan which had been circulated to Members prior to the meeting.

In presenting the information the Strategic Director People reported that the summary document would be submitted to future meetings of the Committee. It was also reported that the second Ofsted inspection was due to take place on 23rd and 24th February, 2017 followed by visits from the Department of Education in March, 2017.

CS/ 15 50 Arising from the presentation of the report the Strategic Director People and the Chief Officer Children’s Services responded to queries from Members, in particular relating to how performance information reporting was managed given the disparity in information technology (IT) systems. The Strategic Director People acknowledged the problems experienced with the current IT system, however, it was reported that a new system was currently being tested and evaluated with a view to pursuing the procurement process. Members were assured that the system purchased would be a universal system enabling the interpretation of data and that consideration would be also be given to sharing and accessing information with relevant partners. It was also pointed out that the Multi Agency Safeguarding Hub (MASH) allowed the sharing of information with partners such as health, police and the Local Authority. The importance of training staff on the new system and ensuring data was transferred properly to ensure records were not lost was noted.

In referring to the Children’s Services Improvement Plan a Member queried whether there would be a dedicated team to review all children in need, child protection and looked after children’s care plans and whether the green “rag rating” was appropriate given potential capacity issues and unknown outcomes. The Chief Officer Children’s Services indicated that capacity existed within the Learning and Development Service to manage the workload and that the relevant Manager would be conducting regular and appropriate audits to ensure compliance. The green “rag rating” had been given as all cases had been reviewed and relevant actions completed. Further information including details of the various audits could be submitted to a future meeting of the Committee/Scrutiny Development Working Group.

During the ensuing discussion mention was made on the need to continue to mentor and support children that leave the care system up to the age of twenty five. The Chief Officer Children’s Services acknowledged the importance in offering continued care but indicated that care leavers did not have to engage with the Local Authority.

In response to a query from the Chair relating to the percentage in take-up of young people undertaking initial health assessments, the Chief Officer Children’s Services indicated that although she did not have exact figures, work was ongoing with a view to increasing take-up. Attempts were made to improve notification of health assessments and there were other issues that required attention such as training administration staff to assess and prioritise cases appropriately and also to input data onto systems more swiftly.

Members referred to key performance indicators and requested that detailed information to include national data, particularly relating to the Black Country, be included in future reports for comparison purposes.

It was suggested that an anonymised case from referral to adoption be considered at a future meeting of the Children’s Services Scrutiny Committee (Scrutiny Development Working Group) and that Social Workers and relevant partners be invited to submit their views on practicalities and challenges faced. The session would also enable Members to query reasons for the delays in processing adoption requests and also why some targets were not being met.

CS/ 16 51 Resolved

(1) That the information contained in the Children’s Services Improvement Plan be noted.

(2) That the Children’s Services Scrutiny Committee’s Work Programme for 2017/18 include items to consider an anonymised adoption case and a report providing information on various audits undertaken in reviewing children in need, child protection and looked after children’s care plans, as referred to above with a view to referring the issues to the Children’s Services Scrutiny Committee (Scrutiny Development Working Group), should the Group be reappointed in the next Municipal Year.

36 Early Help

A report of the Strategic Director People was submitted updating Members on the developments of Early Help for children, young people and their families. The Head of Family Solutions also gave a PowerPoint presentation highlighting the benefits of Early Help and Prevention, together with the associated costs to society if the initiative was not pursued.

The Head of Family Solutions informed the Committee that the Dudley Children and Young People’s Alliance Board had endorsed Dudley’s Early Help Strategy on 17th October, 2016. Five Clusters would form the basis of delivery and operate from a newly formed 0-18 years (up to 25 years if the young person had a learning difficulty or disability) Family Centre in each of the Cluster areas, namely Stourbridge, Halesowen, Brierley Hill, Dudley and Dudley North. In the past services had worked in silo’s which was not in the interests of families and it was intended that the new provision would offer consistent services across the Borough, reduced dependency on Social Workers and better use of combined resources by extensive partnership working.

Arising from the presentation of the report the Head of Family Solutions and the Strategic Director People responded to Member’s queries and stated that Early Help was a voluntary service and although every attempt would be made to encourage families to consent to the support available they were unable to compel people in utilising the service. Early Help referrals and contacts were made predominately through the single point of access and these would be picked up by the relevant Family Centre swiftly as group email boxes were scanned on a daily basis; turnaround was usually within five working days for onward referral to the Family Partners Solution Allocation meeting which met every ten days.

CS/ 17 52 In response to a query on working in co-production with partners from the voluntary and community sector and ensuring a professional service was provided, the Head of Family Solutions informed the meeting that a pilot project had been undertaken in conjunction with Barnardos relating to the volunteer model. The intention was that Barnardos would be responsible for recruitment and training of volunteers and trained mentors would be visiting families with a view to supporting the community sector. In response to a query on housing support the Head of Family Solutions indicated that consideration was being given to presence of housing support workers at Family Centres and it was further commented that at the previous Family Partners Solution Allocation meeting a considerable number of housing issues had been identified for action.

A Member suggested that consideration be given to providing a presentation on Early Help to Community Forums.

Resolved

That the work undertaken in the delivery of cluster based working and developments in Early Help for children, young people and their families, be supported and noted.

37 School Place Planning and Admissions

A report of the Strategic Director People was submitted outlining the learning of school place planning and admission trends on future sustainability of schools in Dudley.

The report had been considered in detail at the previous meeting of the Children’s Scrutiny Committee (Scrutiny Development Working Group) and findings and recommendations were contained within the report with a view to referring to the Cabinet Member Children’s Services for consideration and implementation.

Resolved

That the following recommendations be referred to the Cabinet Member Children’s Services for consideration:-

(a) That the minutes of maintained school Governing Body meetings should be scrutinised by an officer of the Council following each meeting; particularly where the school is identified as being ‘of concern’;

(b) The practice of not minuting officer meetings should be discouraged and meetings with elected members and officers of the authorities should always be minuted as a matter of course;

(c) Grant maintained schools identified as being ‘of concern’ should have financial and personnel matters reviewed at least every three months; more frequently if ‘in category’;

CS/ 18 53 (d) All additional funds made available to a school outside the annual allocation only to be agreed once there is a clear plan/purpose which identifies specific and agreed outcomes/targets and specific milestones against which progress can be assessed;

(e) Grant maintained schools identified as having a trend of falling rolls to be reviewed at least annually as part of the regular ‘place planning’ cycle;

(f) Any school Interim Executive Board (IEB) should be, unless there are special circumstances, composed of individuals not previously associated with the school;

(g) Any IEB or Governing Body should be dissuaded from allowing any single member to assume executive powers except in emergency situations; where, in exceptional circumstances, these powers have had to be used, any decision taken on behalf of the Governing Body to be reported without delay both to all other members of the Governing Body and to the Local Authority, and any decision agreed/verified by the full Governing Body at the earliest opportunity.

(h) The Local Authority should exercise its statutory right to take an active part in the process of appointing a Head Teacher in all maintained schools.

(i) The Leadership and Governance of any grant maintained school should be reviewed by the Local Authority where significant additional funds are required for a period of more than one year; the Local Authority to be prepared to use its additional powers where there are concerns about the capability of either the Head Teacher or the Governors to fulfil their obligations of maintaining appropriate financial control.

38 Public Centre for Scrutiny Training

The Chair referred to the training session that had been held prior to the meeting as part of the scrutiny support package and stated that the relevant slides would be circulated to all Members of the Committee to assist in effective scrutiny. There would be a further training session prior to the next meeting of the Committee.

The meeting ended at 8.00 pm.

CHAIR CS/ 19 54 Minutes of the Corporate Scrutiny Committee

Tuesday 31st January, 2017 at 6.00 p.m. In Committee Room 2, The Council House, Dudley

Present:

Councillor L Jones (Chair) Councillor S Phipps (Vice-Chair) Councillors S Ali, K Casey, S Craigie, T Crumpton, E Lawrence, C Perks, D Stanley and T Westwood

Officers:

M Bowsher – Chief Officer Adult Social Care – Lead Officer to the Committee, J Cunningham – Interim Chief Officer Regeneration and Enterprise, A McCormick – Chief Officer Corporate Transformation and Performance and K Griffiths – Democratic Services Officer

18 Apology for Absence

An apology for absence was received on behalf of Councillor S Anderton.

19 Declaration of Interest

Councillor T Crumpton declared a non-pecuniary interest in accordance with the Members’ Code of Conduct in relation to Agenda Item No. 6 (West Midlands Combined Authority – Strategic Economic Plan), in view of his employment with Her Majesty’s Revenue and Customs (HMRC).

20 Minutes

Resolved

That the minutes of the meeting of the Committee held on 17th November, 2016, be approved as a correct record and signed.

21 Public Forum

There were no issues raised under this agenda item.

C/19

55

22 West Midlands Combined Authority – Strategic Economic Plan

The Committee considered a report of the Strategic Director Place on the key elements of the West Midlands Combined Authority – Strategic Economic Plan and the implications for Dudley.

The Interim Chief Officer Regeneration and Enterprise gave an overview of the report, setting out the Authority’s vision for improving the quality of life of everyone who lived and worked in the West Midlands. He highlighted key paragraphs and focused on the implications for Dudley. A copy of the report and appendices were circulated to Members with the agenda papers and a copy was available on the Committee Management Information System (CMIS).

The Interim Chief Officer Regeneration and Enterprise indicated that since the report had been drafted, the Government had approved funding for the creation of an Enterprise Zone in Brierley Hill that would create 7,000 new jobs, which also included plans for improved transport links.

Reference was made to the potential challenges and impact of Dudley having to compete with the three cities within the West Midlands Combined Authority and emphasised the need for maximum support to secure funding/resources and deliver growth and positive objectives for the borough and its communities. It was considered that the Strategic Economic Plan was a very detailed and ambitious plan, however, could be used as a strong foundation to ensure the borough received the same opportunities that became available to maximise the future prosperity of the borough.

In referring to the rail infrastructure proposals set out in the Strategic Economic Plan, a Member made reference to Dudley not having provision for heavy rail and the potential impact and disadvantages for the Borough compared to other areas. It was considered that the provision of heavy rail would not only reduce air pollution but was key to improving connectivity to the area and create opportunities and potentially attract new jobs, visitors and future business opportunities. Members acknowledged the importance of successfully delivering the Brierley Hill Metro extension and the advantages it would create for Dudley.

A Member made reference to housing need and the impact on Dudley. Members made particular mention to the significance of considering the impact on existing local services such as schools and doctor’s surgeries when considering new housing developments, as these services had not been identified within the Strategic Economic Plan.

C/20

56 Reference was made to the lack of sufficient educational facilities and specifically trained staff in delivering speciality skills and knowledge to meet and support the needs of industry. Areas within the Borough were identified where specialist/highly skilled people were required and the need for easy access to the motorway infrastructure. Members emphasised the need for collaborative working with bodies such as the Local Enterprise Partnerships (LEPs), Black Country Consortium and the Chamber of Commerce to attract funding, skills and employment opportunities to the area as well as protecting current facilities.

Concerns were raised at the prospect of competing with Birmingham, Coventry and Wolverhampton and questioned how well equipped Dudley was to maximise opportunities from the Combined Authority. Members raised issues regarding the need for Dudley to compete successfully with other areas. Dudley’s visitor economy was a focal point and Members emphasised the importance of promoting tourism and attracting inward investment. Further information and updates in relation to Dudley’s position was requested at a future meeting. It was suggested that representatives of the LEPs be invited to attend to provide an overview of the ongoing partnership working arrangements.

Resolved

(1) That the report and updates given at the meeting, as summarised above, be noted.

(2) That further information/updates be provided at a future Committee in relation to how well equipped Dudley MBC is to maximise opportunities from the Combined Authority; how Dudley can compete successfully with other areas and ideas to promote tourism and inward investment.

(3) That representatives of the LEPs be invited to attend a future meeting to provide an overview of the ongoing partnership working arrangements.

23 Digital Transformation – Progress with the Digital Platform and Website

A report of the Chief Officer Transformation and Performance was submitted to provide an update on the current status and progress of Digital Transformation activity. The report focussed on the current Digital Platform Implementation and the Website Replacement projects. The report was circulated to Members with the agenda papers and a copy was available on the Committee Management Information System (CMIS).

C/21

57

Digital Platform and Implementation Project

The Chief Officer Transformation and Performance gave an overview of the report, highlighting the key paragraphs and referred to the three phases of the project. He indicated that due to an issue within an area of the infrastructure and work being done to address the issue, the deadline for completing phase 3 would now be July, 2017.

Reference was made by a Member in relation to the plans to introduce a “Members’ Portal”, which would allow Dudley Councillors to access digital services on behalf of their constituents. The Chief Officer Transformation and Performance indicated that for people who did not have access to ICT equipment, a facility would be provided, specifically tailored for Councillors needs, in providing assistance/support to their constituents.

Reservations were expressed concerning the infrastructure, the need to modernise the current facility and comparisons made with other local authorities in relation to the services that they provided, together with the implications for all parties.

Members commented on plans to introduce a “Members Portal” and requested consideration be given to including an opportunity for residents to indicate, at the initial stage, whether they would like their ward members to be advised of the matters/issues being raised. Members expressed concern that residents usually raised issues through a number of routes which, on occasions, made it difficult for Members to pursue an issue when requested by their constituents.

Members acknowledged the advantages of the facility in terms of managing member case work, however reference was made to the Data Protection implications of the system and indicated that robust measures must be executed in delivering the service. Members indicated that in order to provide the best service for their constituents, collaborative working with other Council systems should be considered.

Work was ongoing with this issue and Officers undertook to consider the issues raised by Members.

Website Replacement Project

The Chief Officer Transformation and Performance gave an overview of the report, highlighting the key paragraphs, making particularly reference to paragraph 14 and indicated that supplier approval was now planned for 28th February, 2017.

The Committee recognised that no savings would be identified until the facility was fully operational, however members were assured that more information would be provided once projected savings had been identified.

C/22

58

Resolved

That the report and updates given at the meeting, as summarised above, be noted.

The meeting ended at 7.30pm.

CHAIR

C/23

59

Minutes of the Health and Adult Social Care Scrutiny Committee

Wednesday 23rd November, 2016 at 6.00 p.m. in Committee Room 2 at the Council House, Dudley

Present:-

Councillor N Barlow (Chair) Councillor A Goddard (Vice-Chair) Councillors J Baines, B Cotterill, T Crumpton, K Finch, S Henley, I Kettle, N Richards, E Taylor, L Taylor and Ms P Bradbury.

Officers

M Farooq (Lead for Law and Governance – Lead Officer to the Committee), T Oakman – Strategic Director People, M Bowsher – Chief Officer Adult Social Care, A Sangian (Senior Policy Analyst - People Directorate), A Lunt – Strategic Director Place, D Harkins (Chief Officer, Health and Wellbeing), I Newman – Chief Officer Finance and Legal Services, K Cocker – Finance Manager and K Buckle (Democratic Services Officer – Chief Executive’s Directorate).

Also in Attendance

Dr D Hegarty – Dudley Clinical Commissioning Group C Brunt – Dudley Clinical Commissioning Group L Murphy – Independent Safeguarding Board Chairperson Dr M Banks – Dudley Group NHS Foundation Trust. P Bytheway – Dudley Group NHS Foundation Trust

Also in Attendance

Councillor Z Islam – Observer

22. Apology for Absence

An apology for absence from the meeting was submitted on behalf of Councillor C Elcock.

23. Appointment of Substitute Member

It was reported that Councillor I Kettle had been appointed to serve as a substitute Member for Councillor C Elcock for this meeting of the Committee only.

24. Declaration of Interest

No Member made a declaration of interest in accordance with the Members’ Code of Conduct. HASC/26

60

25. Minutes

Resolved

That subject to the inclusion of Councillor B Cotterill as being present, the minutes of the meeting of the Committee held on 28th September, 2016 be approved as a correct record and signed.

26. Public Forum

A Member of the public referred to the formation of a Save our Leisure Centres Group which had been formed following the potential proposals in relation to Dudley Boroughs current leisure facilities. It was noted that there was a tenuous link between the proposal and the Committee.

The importance of physical activity upon health was outlined and the fact that the Crystal Leisure facility in Stourbridge was the only facility in the area which provided a leisure pool for children.

The Chair confirmed that the concerns were noted and once the consultation in relation to the provision of the Dudley Borough’s Leisure Facilities commenced, Members would have the opportunity to consider the matter further and this would be subject to further scrutiny.

27. Medium Term Financial Strategy

A joint report of the Chief Executive, Chief Officer Finance and Legal Services and Strategic Director People was submitted on the Medium Term Financial Strategy (MTFS) for 2019/20 with emphasis on proposals relating to the Committee’s terms of reference. Items directly specific to this Committee were those relating to Health and Social Care within the People Directorate, as contained in paragraph 37, and the proposed Public Health budget as contained in paragraphs 38 to 40 of the report submitted.

The Chief Officer Finance and Legal Services emphasised that no final decisions had been taken by the Cabinet at their meeting on 10th November, 2016 and discussions in relation to the consultation process had commenced during the preceding week, which included the wider public consultation.

It was noted that the budget proposals would be referred back to the Cabinet on 8th February, 2017 and thereafter to the Council meeting on 6th March, 2017 for final decisions.

HASC/27

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The Chief Officer Finance and Legal Services advised that the issues in relation to the Borough’s leisure centres were not even at the provisional stage and did not form the basis of the current financial proposals.

It was noted that action was still required to address the forecast deficit rising to £9m by 2019/20. The Council’s low level of reserves was referred to with those balances being diminished before 2019/20

Arising from the presentation of the report submitted, Members asked questions and Officers responded as follows:-

• That it had become evident that a review of all care packages costing over £500 per week was required, which would include how money was expended and the care delivered. The proposed savings have been informed by investigating comparator areas with similar demographic area dat. Whether the same level of care provided was still required would also be examined together with the cost of commissioning. The similar work conducted in other areas of adult social care services, including benchmarking spending on older peoples care, was referred to, with analysis confirming that Dudley uses resources very efficiently for services for older people. • In relation to the assessment and review of the 117 policy, the Council would continue to meet their statutory duties to provide support to meet care needs. The work would ensure that people with Section 117 status was current and accurate. The work would also examine joint funded packages of care, together with ensuring that a formal policy was in place to agree joint funded placements. • In relation to the provision of the Borough’s leisure facilities, provision and appraisal options would be investigated in order to provide modern and imaginative facilities for the residents of the Borough. The significant investment in parks and open spaces in order to provide lifestyle choices were referred to and re-assurances were provided that there would be consultation in order that people could influence and shape proposals for future leisure provisions. • That evaluation work would also be undertaken in relation to educational swimming in schools, which would be an integral part of maximising opportunities. • In relation to the restructure of Public Health management and staffing posts, there would be a move towards generic roles in order to provide a more flexible work force to address problems going forward and that childhood obesity would remain a priority. • That partnership working with schools was paramount and to evidence the success of that partnership working, the ‘Dudley Mile’ initiative which promoted exercise in schools was referred to.

HASC/28

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The Chief Officer Adult Social Care referred to the £2m reduction in relation to supporting people and voluntary sector commissioned services advising that this had been the subject of lengthy debate when setting the previous year’s budget. He stated that this would result in the reduction or cessation of some voluntary services and the Council continued to work with the voluntary sector in order to investigate methods of continuing voluntary services, encouraging them to bid for future Council contracts.

• It was noted that the savings outlined for New Bradley Hall had been formally confirmed with Black Country Housing Group in the form of a legally binding contract. The Chief Officer also noted a proposal to build a sixty bedroom home on the site, that subject to planning approval could provide accommodation for the current residents and create additional employment opportunities and double the capacity of New Bradley Hall. • That customers and businesses would be consulted in relation to the continuation of provision of Environmental Health Services and charging for those services, which promoted businesses and assisted them with educational and preventative functions. • The proposals to provide a holistic Health Visiting Service providing services to those who were of school age, which would include immunisation, were outlined.

The Chief Officer Public Health and Wellbeing undertook to provide Members with further details in relation to the review of the substance misuse services, to achieve contract efficiencies on’ blood borne virus’.

Dr D Hegarty, Dudley Clinical Commissioning Group, referred to discussions with the Chair of the Health and Wellbeing Board in relation to childhood obesity and it was noted that it had been agreed that the subject would be considered, together with the implications as part of the Health and Wellbeing Strategy.

Resolved

That the Cabinet’s proposals for the Medium Term Financial Strategy to 2019/20, as set out in the report, and Appendices to the report submitted, be noted.

28. The Black Country Sustainability and Transformation Plan Strategy.

The Committee considered a presentation of Dr D Hegarty, Dudley Clinical Commissioning Group on the Black Country Sustainability and Transformation Plan Strategy (STP).

It was noted that Dr D Hegarty had been requested to be the Clinical Lead for the Black Country on the STP. HASC/29

63

Dr Hegarty reported on the need for a wider scope of consultation, reporting that one public consultation event had been planned on 6th December, 2016. The programmed collaboration of 18 organisations across the Black Country in order to agree the direction of travel and joining together in order to strategically plan, to move forward with the theme of the STP was referred to.

The work being undertaken in relation to the Multi Specialty Community Provider was outlined, together with the recognition that there was a requirement to work more closely with Adult Social Care on key themes.

Place based delivery systems were referred to, together with the need to determine how Mental Health Trusts form part of the collaborative working and how the health needs of those with mental health issues were to be addressed in the future.

Dr Hegarty referred to the need to investigate the delivery of health services to those with mental health needs, as although the volume of health services accessed were high, those suffering with such needs continued to die prematurely.

In concluding the presentation Dr Hegarty referred to Dudley being the lead in the Country in the role of moving forward with the development of a strategy plan covering all areas of the National Health Service spending and linking that to all national strategic priorities to health.

Arising from the presentation, Members asked questions and made comments as follows:-

A Member requested that all future presentations and reports include the numbers involved as opposed to percentage figures. In responding to a question in relation to General Practitioners being consulted on the STP Strategy, Dr Hegarty advised that due to the minimal level of consultation, General Practitioners had not been consulted, however he echoed the need for engagement as the STP required clinical support.

In relation to the progress with commissioning health care, Dr Hegarty advised that essentially there had been a national requirement to have minimal consultation on the STP, however from a commissioning aspect the Black Country footprint would include four hospitals, with the need to discuss patient specialised services which are commissioned by NHS England, with the provision of those services being devolved through the Dudley Clinical Commissioning Group. It was noted that there was a proposition to move towards a unified commissioner across the whole of the Black Country.

With regard to General Practitioners receiving training to deal with mental health issues, Dr Hegarty advised that mental health would form part of the qualification process and all General Practitioners are required to have an annual appraisal, whereby they would have to HASC/30

64 demonstrate how those patient’s needs had been throughout the year.

Dr Hegarty referred to the challenges that the STP Strategy faced in relation to resources and the need to investigate strategically how services should be delivered. He also reported that as far as he was aware, no hospital closures in the Dudley Borough were planned.

The work undertaken in relation to managing demand in relation to General Practitioner visits was outlined, including home visits which had been reduced by 30%. It was noted that the vast majority of work was based around loneliness and isolation issues and addressing demand for those patients should be managed.

Dr Hegarty referred to the possibility of small staff changes having a great impact on health services and outlined the work that had been undertaken in relation to pharmacists working within General Practices that had resulted in a huge reduction in patients wishing to access appointments with their General Practitioners. The introduction of advanced nurse practitioners was also referred to.

Following the conclusion of the presentation, P Bradbury of Healthwatch Dudley, referred to the fact that very little consultation in relation to the STP had taken place, advising of the need for meaningful engagement in the plan with those being consulted who were hard to reach and the need to pursue community engagement, as it was feared that the STP would fail without public engagement.

In response Dr Hegarty stated that there had been vast consultation on the components that had been driven by the Dudley Borough such as the Vanguard and the Multi Specialty Community Provider.

In responding to a concern raised by a Member in relation to the development of the STP, Dr Hegarty advised that the organisations invited to participate in the development of the STP retained their individual responsibility and decision making powers, with the STP having no statutory or decision making powers.

A Member commented positively on the introduction of pharmacies into General Practices.

The Chair concurred with the comments made in respect of the lack of consultation in relation to the STP and thanked Dr Hegarty for the presentation.

Resolved

That, the information contained in the presentation submitted and as reported on at the meeting on the Black Country Sustainability and Transformation Plan Strategy, be noted.

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65

29. Delayed Transfers of Care.

A report of the Strategic Director People, was submitted to account for the Council’s progress in delivering the Memorandum of Understanding; providing an analysis of the rising levels of hospital admission and attendant impact on Delayed Transfers of Care (DTOC), providing Members with the opportunity to identify key lines for further enquiry.

The Chief Officer Adult Social Care presented the report submitted, making particular reference to DTOC being a national issue and conveyed details in relation to the progress and improvements made in order to reduce delays.

It was noted that work had been implemented in order to conduct home based assessments, which had resulted in a significant cost to the Council, however it had been imperative to provide more sustainable ways to achieve discharges from hospital as quickly as possible and having systems in place to achieve this.

The current discharge performance that was contained in the report submitted, was referred to, together with the high levels of admissions and growing complexity of needs.

The data that had been examined in relation to possible increases to delayed transfer of care were outlined as contained in the report submitted and it was acknowledged that further work was required in relation to addressing delays.

The rise in hospital demand, increasing Accident and Emergency attendance, emergency admissions and re-admissions which contributed to subsequent performance were noted together with the rising trends which were impacting on those patients awaiting surgery as pressures on services continued. The Chair requested that both the Dudley Group and Dudley Clinical Commissioning Group provide further performance data at the next meeting of the Committee.

The impact of winter pressures were referred to together with the need to address how patients were discharged quickly and safely and details of the campaign ‘Home for Christmas’ which would shortly take place were outlined.

The Action Plan contained in the report submitted was noted together with the requirement to account for performance including how demand was addressed ensuring that resources to commission services were being appropriately used, as there remained a statutory responsibility to make systems as efficient and effective as they could possibly be.

P Bytheway, reported on the extremely productive relationship with the Council’s Adult Social Care team.

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66

In responding to a concern raised regarding the loss of winter crisis beds, P Bytheway advised that Ward A1 had always been used for inpatients and confirmed that the Ward had remained open during the summer months to accommodate patients with complex needs who required extended stays in hospital. However the Evergreen Unit had now been created in order to provide an intermediate care setting for patients, placing them in an appropriate setting to address their care needs prior to being placed back into a residential care setting and decreasing lengths of stay in hospital.

Dr Banks referred to using the bed base in a different manner in order to provide extra therapies to enable reablement.

Dr Hegarty referred to the collaborative working, urging this to continue in order to address DTOC and reported on the huge amount of work that had been undertaken on how to reduce admissions to hospital, given the aging population and providing mechanisms to care for people in more effective and appropriate ways. The Airedale telecare model was referred to in order to help reduce admissions from care homes and it was noted that similar methods were to be implemented in Dudley.

The Chief Officer Adult Social Care reported on the partnership work focusing on re-design to address problems where patient choices were impacting upon DTOC, which may involve difficult discussions and ultimate challenges to public resources.

In responding to a question of the Chair in relation to re-admission rates, the Chief Officer Adult Social Care advised that data was available and was used by General Practitioners.

The Strategic Director People referred to the reality that nationally resources were stretched and advised of the need to work together more smartly and effectively. He referred to costly agency staff, the need to review the commissioned Falls Service and the use of telecare systems, together with the requirement of partnership pooling resources.

Resolved

(1) That the information contained in the report submitted on Delayed Transfer of Care, be noted.

(2) That the Dudley Clinical Commissioning Group and the Dudley Group submit further reports to future meetings of the Committee in relation to the Delayed Transfers of Care Action Plan; further data on Hospital Diversion; Accident and Emergency attendance; Accident and Emergency Admissions; Conversion Rates and Delayed People and Delayed Days.

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67 30. Dudley Safeguarding Adults Board Annual Report 2015/16 and the Deprivation of Liberty Safeguards.

A report of the Strategic Director People was submitted on the Adult Safeguarding Board’s Annual Report.

In presenting the report submitted, L Murphy, Independent Chair of the Safeguarding Board made particular reference to the overarching purpose and responsibilities of the Board, which included the role to provide assurances.

It was noted that collaborative work continued with partners in order to prevent abuse and neglect and the three priorities for 2015/16, as referred to in the report, were outlined.

The fact that neglect and financial abuse remained the most common reasons for referrals was referred to. It was noted that in response to the Care Act, 2014, referrals had increased and this indicated increased awareness and recognition, with less safeguarding enquiries being completed indicating effective signposting and the use of other resources to deal with the issue, which suggests proportionate response to the referral.

It was reported that Healthwatch Dudley remained an active Member of the Board.

The second priority of the Board was referred to and it was noted that there was evidence that adults were determining their own outcomes, with between 50 to 60% of adults confirming that the outcomes that they required had been met.

The further work required in order to ensure that Adult Safeguarding was made personal and appropriate was also referred to, and it was noted that a number of adults supported by advocates had increased.

The third priority of the Board was to improve safeguarding outcomes for adults’ families and carers by ensuring effective partnership working and accountability, and it was noted that Councillor C Perks had joined the Board and the Council and Healthwatch Dudley meet to discuss the commissioned services. The Dudley Clinical Commissioning Group had a Care Home Forum, which feeds information into liaison meetings between the Council, Dudley Clinical Commissioning Group and the Care Quality Commission.

The two Adult Safeguarding Reviews which had recently been carried out were referred to and it was noted that these had been signed off and published and action plans were now in place. The reasons for the reviews were outlined and the need for support for those who cared for people was referred to. It was noted that workforce training and procedures to support agencies had formed part of the Board’s work in 2015-16.

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The work of the Dudley Safe and Sound Partnership which included domestic abuse, Crime Prevention, Door Stop Crime and Modern Day Slavery.

L Murphy concluded the presentation of the report submitted, and referred to the work in relation to raising awareness of safeguarding and the future work which would involve developing the Board, with the Board agreeing their four priorities for 2016/17, including the development of the multi-agency safeguard hub for both children and adults, which would support information sharing. The Board was also developing arrangements to secure feedback from adults with care and support needs and that would be a priority for 2016/17.

The Chief Officer Adult Social Care referred to the Deprivation of Liberty Safeguards outlined in the report, referring to the importance of the contribution of front line staff. The Section 42 Enquiry and assessments carried out and the increasing assessments required, were referred to.

Following a Members concerns it was reported that the Board held a joint meeting with the Children’s Safeguarding Board in March when they received information in relation to a police operation in Lye. Work to tackle modern day slavery would be led by the Council’s Head of Community Safety who was involved with a regional anti trafficking network.

The Chief Officer Adult Social Care referred to the success of the Lye Community Project as a powerful example of community engagement. It was noted that further work would commence with other members of the Community in order to build relationships.

The Chair referred to the need to undertake Adult Safeguarding training and ensure that all Elected Members were engaging with their own political groups regarding issues that may arise in their respective Wards.

Resolved

That the information contained in the report submitted on the Dudley Safeguarding Adults Board Annual Report, 2015/16 and the Deprivation of Liberty Safeguards, be noted.

The meeting ended at 8:15 p.m. Chair

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69

Minutes of the Health and Adult Social Care Scrutiny Committee

Wednesday 25th January, 2017 at 6.00 p.m. in Committee Room 2 at the Council House, Dudley

Present:-

Councillor N Barlow (Chair) Councillor A Goddard (Vice-Chair) Councillors J Baines, B Cotterill, K Finch, S Henley, I Kettle, N Richards, E Taylor, L Taylor and Ms P Bradbury.

Officers

S Griffiths Democratic Services Manager– Acting Lead Officer to the Committee, S Norman – Chief Executive, T Oakman – Strategic Director People, M Bowsher – Chief Officer Adult Social Care, D Harkins – Chief Officer Health and Wellbeing (Director of Public Health), A Sangian Senior Policy Analyst - People Directorate and M Johal – Senior Democratic Services Officer – Chief Executive’s Directorate.

Also in Attendance

L Broster – Dudley Clinical Commissioning Group A Hindle – Dudley Clinical Commissioning Group Dr R Bramble – Dudley Clinical Commissioning Group D Eaves – Dudley Group NHS Foundation Trust D Wardell – Dudley Group NHS Foundation Trust Superintendent S Russell – Mental Health Implementation Director

31 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Councillors C Elcock and T Crumpton.

32 Appointment of Substitute Member

It was reported that Councillor I Kettle had been appointed to serve as a substitute Member for Councillor C Elcock for this meeting of the Committee only.

33 Declaration of Interest

Councillor S Henley declared an interest in respect of Agenda Item No 6 (NHS Quality Account – Dudley Group of NHS Foundation Trust) as his wife works for the Black Country Partnership NHS Foundation Trust.

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70 34 Minutes

In referring to Resolution (2) of Minute No 29 (Delayed Transfers of Care), Ms Broster provided an update indicating a report would be submitted to the next meeting of the Committee containing details of the requested information to include options on involving stakeholders.

Ms Wardell (Dudley Group NHS Foundation Trust) referred to the extreme winter pressures that the Trust had encountered as demand had exceeded expectation leaving the Trust unprepared. The Committee were informed of the significant impact this had upon delivering a quality service and an explanation was given on how the Trust were managing the situation which had involved rescheduling operations and performing increased day surgeries. In response to a query, an assurance was given that no wards had been closed and all empty spaces had been utilised to treat and manage patients. With regard to Sandringham, it was reported that the suite was used as office accommodation and difficulties would be encountered in accessing the area in a timely manner.

Resolved

That the minutes of the meeting of the Committee held on 23rd November, 2016 be approved and signed as a correct record.

35 Public Forum

No issues were raised under this agenda item.

36 National Health Service (NHS) Quality Account – Dudley Group NHS Foundation Trust

A report of the Dudley Group NHS Foundation Trust was submitted setting out quality priority topics and associated targets the Trust had set at the beginning of the year prior to April 2016 and initially published in the Quality Account for 2015/16.

In presenting the report a supplementary document was circulated providing updated information to include further data on responses from Friends and Family Test (FFT). Additional Information was also provided on the Emergency Department to include the SMS messaging service that had gone live in January, 2017 and detailing associated response rates, both locally and nationally.

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71 Members raised a number of questions to which the Dudley Group of Hospital representatives provided responses. The Trust acknowledged that improvements could be made and highlighted challenges in recruiting staff and the difficulties encountered in some agency staff inputting data or documenting records incorrectly which had led to data being skewed resulting in failed audits. It was also stated that efforts were also being made to utilise the Corbett and Guest Hospitals for some services to relieve pressure at Russells Hall.

Mr Eaves, Dudley Group NHS Foundation Trust indicated that detailed information on compliments and complaints was contained within the Annual Quality Accounts which had previously been provided to the Committee. Additional copies of this document could be made available to Members of the Committee, if required.

Ms Broster made comments in support of the work undertaken by Dudley Group of Hospitals and stated that negative feedback received on quality of services was taken seriously and actions were implemented with a view to improvements being made.

Resolved

That the information contained in the report on the National Health Service Quality Account, be noted.

37 Change in Order of Business

Pursuant to Council Procedure Rule 13(c) it was:-

Resolved

That Agenda Item No 10 – West Midlands Combined Authority Mental Health Commission – Verbal update be considered as the next item of business followed by the remaining Agenda Items.

38 West Midlands Combined Authority Mental Health Commission (Verbal Update)

The Committee received a verbal report and presentation from the Mental Health Implementation Director on the West Midlands Combined Authority Mental Health Commission.

In presenting the verbal report, Superintendent S Russell, who had been seconded to the West Midlands Combined Authority, indicated that poor mental health and wellbeing was a significant driver of demand for public services and reduced productivity and it had therefore been identified as a potential area for which the Combined Authority could deliver public sector reform. The Mental Health Commission had been established in October, 2015 to identify the contribution that devolution could make to address poor mental health and wellbeing.

HASC/38

72 The Commission’s aims were:-

- To assess the scale of poor mental health and wellbeing across the combined authority area and its cost and impact on public sector services, the economy and communities;

- To review national and international research and best practice to establish what worked best in addressing the impact that poor mental health and wellbeing had on public services, the economy and local communities;

- To identify, and consider the outcome from work currently underway and/or being piloted in the West Midlands to improve mental health and wellbeing;

- To make recommendations to both Government and the West Midlands Combined Authority on:

- How public services should be transformed to reduce the impact that poor mental health and wellbeing had on public services, the economy and communities in the West Midlands, within the current resource envelope.

- How resources currently spent on managing and treating mental ill health could be re-directed to measures that kept people mentally well and thus enable recovery.

- The potential for a devolution deal for mental health and wellbeing, and if appropriate, specify the nature of a devolution deal.

- The outcomes that can be delivered by public service reform, within existing resources, to address poor mental health and wellbeing and the impact on demand for public services and productivity.

The Health Services Management Centre (HSMC) of the University of Birmingham had been commissioned to conduct a baseline assessment of the current position in the area covered by the West Midlands Combined Authority (the seven Metropolitan Borough Councils) in relation to mental health and wellbeing, in particular in relation to the economic costs and demands on public services. Key findings included poor mental health costing in the region of £12.5 billion pounds per year; 23.8% of adults in the region had a mental health problem; costs of crime relating to mental health cost £1 billion pounds; 70,000 people were economically inactive due to mental health problems, costing £2.2 billion and 4.1 million workings days per year were lost as a result of mental health problems. The full version of the report containing this information could be made available to Members of the Committee together with the implementation plan following the official launch at the end of this month.

HASC/39

73 Arising from the presentation of the report Members raised questions and responses were given in that work was undertaken in conjunction with the Local Authority and various partners with a view to considering the best approach to tackle issues such as homelessness. In response to a request from Ms Bradbury, Superintendent Sean Russell undertook to engage with Healthwatch with a view to working collectively to address issues.

Resolved

That the information contained in the verbal report on the West Midlands Combined Authority Mental Health Commission, be noted.

39 Peer Challenge Use of Resources Improvement Plan

The Committee considered a report and presentation on the Peer Challenge Use of Resources Improvement Plan that had been considered by Cabinet at its meeting held in December, 2016.

Arising from the presentation of the report a Member referred to paragraph 7 of the report specifically to key line of enquiry 3 relating to the efficiency of the hospital discharge process. Concern was expressed that patients were sometimes prematurely discharged and consequently readmitted which resulted in resources being wasted. In responding the Strategic Director People acknowledged the issue and indicated that efforts were being made to work closely with the Multi Speciality Care Provider to develop and redesign services to meet care needs.

Resolved

That, the information contained in the Peer Challenge Action Plan and the release of the Plan to the Association of Directors of Adult Social Care (ADASS) West Midlands and the Peer Challenge Team, be noted.

40 Living Well with Dementia: A Dementia Strategy for Dudley 2017-19

The Committee considered the draft Dudley Dementia Strategy for 2017- 19 which also provided an overview of the engagement undertaken to inform the development of the strategy.

Resolved

That, the information contained in the draft Dudley Dementia Strategy be noted.

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74

41 Healthy Ageing in Dudley – Making Dudley a Great Place to Grow Older

The Committee considered a report and presentation on the findings and recommendations of the Director of Public Health’s annual report on healthy ageing.

Arising from the presentation of the report Members made comments in relation to promoting the benefits of inoculation to prevent illnesses and also using sanitising products to prevent spread of infection.

A discussion ensued on how Members could become involved in supporting the implementation of healthy ageing and assisting in conveying messages to various groups and members of the public. Reference was made to Community Forums and it was suggested that these meetings could be utilised to promote healthy ageing. A comment was made that due to limited attendance by the elderly at Community Forum meetings, efforts be made to target other places during the daytime where elderly people generally attended, such as General Practitioners’ surgeries.

Resolved

That the information contained in the report on the findings and recommendations on healthy ageing together with the associated implementation plan, be noted.

The meeting ended at 8:15 p.m. Chair

HASC/41

75

Minutes of the Place Scrutiny Committee

Monday 30th January, 2017 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:

Councillor A Finch (Chair) Councillor M Aston (Vice-Chair) Councillors Z Islam, L Johnson, I Kettle, C Perks, H Rogers, M Rogers, R Scott- Dow, K Shakespeare and V Wale.

Officers:

I Newman – Chief Officer Finance and Legal Services (Lead Officer to the Committee); A Lunt - Strategic Director Place; M Rodgers – Chief Officer Housing; (All Place Directorate); C Ludwig – Finance Manager and K Taylor – Democratic Services Officer (All Chief Executive’s Directorate).

24. Declarations of Interest

No Member made a declaration of interest in respect of any matter to be considered at this meeting.

25. Minutes

Arising from consideration of the minutes, Members expressed a number of concerns regarding the withdrawal of the report in relation to School Crossing Patrols, and considered that although a decision had been made that the service would be funded by Public Health, this was only for a period of twelve months, and therefore should continue to be scrutinised by the Committee in view of the Committee’s role in policy development.

The Chief Officer Finance and Legal Services confirmed that the proposed alternative funding would be outlined in the budget report submitted to Cabinet on 8th February, 2017 prior to consideration by Council in March, 2017.

Following further discussion, it was agreed that a detailed report be submitted to the Committee in June, 2017, outlining the progress made on identifying the proposals for the future of the service, and that the Head Teachers that had previously expressed their interest in attending the Committee to present their perspective on the proposals made, be invited to attend.

Resolved

(1) That the minutes of the meeting held on 15th November, 2017, be approved as a correct record and signed.

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(2) That the Strategic Director Place be requested to submit a report to the Place Scrutiny Committee in June, 2017, outlining progress on identifying proposals for the future of the School Crossing Patrol Service in Dudley Borough.

26. Public Forum

No issues were raised under this agenda item.

27. Medium Term Financial Strategy – Housing Finance

A joint report of the Strategic Director Place and the Chief Officer Finance and Legal Services was submitted to consult the Scrutiny Committee on the principles adopted in the proposed Housing Revenue Account (HRA) budget for 2016/17, 2017/18 and future years, in the context of rent reductions and the impact of the government’s welfare reforms.

In presenting the report, the Finance Manager referred to formula rent, which had been adopted under the process of ‘convergence’ to bring council rents in line with Housing Association rent levels. It was anticipated that all tenancies would eventually move to formula rent, and by rents reducing by 1% each year until April 2019, this would support the expenditure on maintaining, improving and managing stock. This approach would be introduced from April, 2017 and would apply for all new lets, including current tenants moving to a different property.

The impact resulting from the introduction of Universal Credit was referred to in particular that there was an increased risk of rent arrears given that tenants would be responsible for paying their rent directly. All three jobcentres within the Dudley Borough were scheduled to process all new benefit claims as Universal Credit in July, 2017.

The Finance Manager indicated that the proposed budget for 2017/18, based on estimated resources available, would be approximately £89 million, and outlined how the proposed budget would be allocated.

The key issues for the service were highlighted with particular reference made to the reduction on expenditure on empty properties following an in-depth review of policies and specifications.

In response to a question raised by a Member with regards to the consultation undertaken with the Housing Board and Dudley Federation of Tenants’ and Residents’ Associations, the Finance Manager stated that the response given was generally positive and the proposals were considered reasonable, in particular the proposed freeze of laundry charges to residents.

PL/32 77

Following comments made regarding the introduction of Universal Credit, the Finance Manager reported that further work would be required to mitigate the risk involved, as it was expected that rent arrears could increase excessively. Further support would be given to tenants that were considered vulnerable and those in receipt of partial benefits, which would include further training and collaborative working with jobcentres and identifying more proactive methods of contacting tenants, such as text reminders.

Concerns were raised by a member with regards to enforcement letters having been sent to tenants that accrued rent arrears without prior notification. The Finance Manager assured the Committee that all letters and policies had been reviewed and referred to the various communication methods involved, in particular that Officers would telephone tenants in the first instance if they identified any issues. House visits were also undertaken by Income Officers and following a request, the Finance Manager undertook to circulate details of drop-in sessions that were held throughout the Borough providing advice and support to tenants on a range of subjects including budgeting and managing finances.

The Finance Manager referred to managed payment plans that were available to tenants to assist in reducing rent arrears over an agreed period.

In response to a question raised, the Finance Manager referred to the pre- tenancy training and Live for Less training provided by the Housing Support and Income officers and the Adult Learning Team, respectively, and it was agreed that Officers would attend a future meeting of the Committee to discuss the training provided.

Arising from a question raised by a member, the Chief Officer Housing agreed to provide Councillor Islam with statistical data in relation to homelessness.

A member queried whether tenants were required to notify the Council of change of circumstances, other than those that were required contractually, such as intention of moving outside the Borough. In responding, the Chief Officer Housing reported that the majority of existing tenants did inform the Council of any change in circumstances and that a number of issues were reported to Officers.

A member commented positively on the reduction of expenditure and rent loss from empty properties, and suggested that further research should be undertaken to identify whether Universal Credit could be funded directly to the Council. The Finance Manager commented that the possibility of direct funding could be available in cases involving vulnerable adults or where tenants were eight weeks and above in rent arrears, however this could be addressed through a managed payment plan.

Resolved

(1) That the principles adopted in the proposed Housing Revenue Account (HRA) budget for 2016/17 and future years, be noted.

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(2) The Finance Manager be requested to circulate details of drop-in sessions.

(3) That information on training provided to tenants be presented to a future meeting of the Committee.

(4) The Chief Officer Housing be requested to provide statistical information in respect of homelessness to Councillor Islam.

The meeting ended at 7.20 pm.

CHAIR

PL/34 79

Minutes of the Appeals Committee

Tuesday 13th December, 2016 at 10.00 am In Committee Room 1, The Council House, Dudley

Present:

Councillor C Bayton (Chair) Councillors P Miller and H Rogers

Officer Advisors

L Morgan-Danks (Strategic Human Resources Business Partner), B Lamplugh (Legal Advisor) and K Griffiths (Democratic Services Officer).

Also in Attendance

M Rodgers (Chief Officer Housing) and E Jones (Solicitor) The appellant (JG), her representative (GG) and an observer (VS)

14 Opening remarks and Introductions

The Chair welcomed those present and all parties introduced themselves.

15 Apologies

Apologies for absence from the meeting were submitted on behalf of Councillors S Anderton and E Taylor.

16 Declarations of Interest

Councillor C Bayton did not declare an interest in accordance with the Members’ Code of Conduct, however, for transparency purposes confirmed that she was previously employed as a Unison Branch Member.

17 Minutes

Resolved

That the minutes of the meeting of the Appeals Committee held on 15th November, 2016 be approved as a correct record and signed.

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80

18 Exclusion of the Public

Resolved

That the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972, as amended.

19 Appeal by JG

In accordance with the Council’s Employee Improvement and Disciplinary Procedure, the Committee considered an appeal on behalf of JG against dismissal from the employment of the Council.

Prior to the commencement of the hearing both parties confirmed that the Statement of Facts had been agreed.

The Strategic Human Resources Business Partner outlined the procedure to be followed.

The appellant was in attendance at the meeting and her representative summarised the case.

The Council’s representative summarised the Council’s case.

The Chief Officer Housing attended as a witness and presented his witness statement. The Chief Officer Housing responded to questions from the Appellant’s representative and Members of the Committee.

The appellant presented her case and responded to questions from the Committee.

Following the final submissions from both parties, the parties left the meeting, at which point the Committee continued its deliberation. Following its deliberation it was unanimously

Resolved

(1) That, following consideration of all the evidence and information presented, the Committee is satisfied that the Employee Improvement and Disciplinary Procedure was the correct Procedure to apply in the circumstances.

AC/9

81 (2) That the decision to dismiss JG be upheld as the Committee consider that there are no exceptional mitigating circumstances to justify action short of dismissal.

(3) That the comments made by the Committee be submitted to appropriate officers for consideration.

The meeting ended at 12.50pm.

CHAIR

AC/10

82

Minutes of the Appeals Committee

Tuesday 17th January, 2017 at 10.00am in Committee Room 4 at the Council House, Dudley

Present:

Councillor C Bayton (Chair) Councillors A Ahmed and E Lawrence

Officers:

T Wells, Senior Transport Manager – (People Directorate) and K Griffiths, Democratic Services Officer – (Chief Executive’s Directorate).

20. Declarations of Interest

No member declared an interest in accordance with the Members’ Code of Conduct, in respect of any matter to be considered at this meeting.

21. Minutes

Resolved

That the minutes of the meeting of the Appeals Committee held on 13th December, 2016, be approved as a correct record and signed.

22. Exclusion of the Public

Resolved

That the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information relating to any individual(s) as defined in Part I of Schedule 12A to the Local Government Act, 1972, as amended.

23. Home to School/College Transport Appeal – MK

The Committee considered an appeal relating to Home to School/College Transport.

The Applicant (JUK) was in attendance at the meeting, together with (SA) as a supporter to her appeal.

Following introductions by the Chair, the Applicant (JUK) confirmed that she understood the procedure to be followed.

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83

The Senior Transport Manager, People Directorate, presented the report on behalf of the Local Authority. It was noted that since the application had been submitted, a number of issues had been resolved, particularly that MK had been allocated a seat on an alternative route and was now happy with current arrangements.

Following the presentation, the Applicant (JUK) and the Panel were given the opportunity to ask questions of the Local Authority report.

The Applicant (JUK) then presented the case as to why it was imperative that MK was provided with home to school transport.

Following the presentation by the Applicant (JUK), the Panel asked questions on the evidence provided.

Following discussion and questioning, both parties were asked to make final submissions and then withdrew from the meeting so that the Committee could continue its deliberations, in respect of the Home to School Transport Appeal.

Resolved

(1) That, following careful consideration of the written representations as circulated with the agenda papers and all the comments and submissions made at the meeting, the appeal for MK be upheld in part, in that transport provision be allocated with the cost to be met by the applicant.

(2) That in the event of a significant change in the family circumstances, the applicant be asked to contact the Local Authority to request a review of the arrangements.

(3) That the Lead for Law and Governance advise the applicant of the decision of the Committee in writing.

The meeting ended at 10.40am

CHAIR

AC/12

84 Minutes of Audit and Standards Committee

Thursday 8th December 2016 at 6.00 p.m. in Committee Room 3, The Council House, Dudley

Present:-

Councillor P Brothwood (Chair) Councillor S Waltho (Vice-Chair) Councillors, J Baines, C Bayton, S Craigie, J Hill, M Mottram, A Taylor and T Westwood.

Officers:

I Newman (Chief Officer Finance and Legal Services) ; S Butcher (Chief Officer People for agenda item no. 11 only); R Cooper (Head of Financial Services); S Denyer (Senior Auditor), A Evans (Auditor), M Granger (Corporate Fraud Manager); S Griffiths (Democratic Services Manager for agenda item no. 6 only), G Harrison (Audit Manager – Central Services); A McCormack (Chief Officer – Transformation and Performance for agenda item no. 10 only), S Norman (Chief Executive for agenda item no. 7 only); T Oakman (Strategic Director People for agenda item no. 11 only); M Spittle (Head of Access and Prevention, for agenda item no. 11 only) and L Jury (Democratic Services Officer).

Also in Attendance:-

S Joberns and T Tobin (Grant Thornton)

24 Declarations of Interest

No member made a declaration of interest in accordance with the Members’ Code of Conduct.

25 Minutes

Resolved

That the minutes of the meeting held on 20th September, 2016, be approved as a correct record and signed.

26 Change in Order of Business

Pursuant to Council Procedure Rule 13(c) it was:

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85

Resolved

That the remaining items of business be considered in the following order:

Agenda Item Nos. 9, 11, 10, 7, 6, 5, 8, and 12.

27 Exclusion of the Public

That the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information relating to any individual(s) and that in all the circumstances, the public interest in disclosing the information is outweighed by the public interest in maintaining the exception from disclosure.

Description of Item Relevant Paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972

Annual Audit Report in relation to the Place 2 and 7 Directorate.

Suspension under the Provisions of the 2 and 7 Employee Improvement and Disciplinary Procedure

28 Annual Audit Report in relation to the People Directorate

A report of the Chief Officer Finance and Legal Services was submitted on the audit work undertaken in the People Directorate for the financial year 2015/16 and incorporating more important findings in Appendices 3 and 4 of the report submitted.

During the presentation the Audit Manager made reference to 2015/16 being the first year of the operation of the new Directorate, bringing together Children, Adult and other services of the Council under a new Strategic Director, who had been appointed the previous year. It was noted early on by the new Director, the need for some major improvements in Children’s Services, which had later been reinforced by OFSTED. Recently a Children’s Commissioner had been appointed and a follow-up visit had been undertaken by OFSTED in October which had given a more positive message about progress to improve. However, it must be acknowledged that at the time the 2015/16 audits were carried out, Children’s Services particularly, were under immense pressure.

ASC/19

86 The Audit Manager, outlined the number of reviews undertaken and the number of recommendations noting that 43 were classified as high priority and 20 recommendations had been unimplemented from the previous review. It was also reported that 28 school audits had been undertaken and of the 396 recommendations made, 18 were high priority, with 77 recommendations unimplemented from the previous year. It was noted that Audit follow up all high priority recommendations approximately 6 months after the issue of the final report and although this review identified a number of recommendations still unimplemented, it was evident that action was being taken.

The percentage of final reports issued within 6 weeks of the date of issue of the draft report was 25% which was significantly below the 76% achieved last year and way below the Committee’s target of 80%.

The Audit Manager made specific reference to paragraph 9 of the report in relation to the assurance rating given to Adult Social Care Funding and Looked After Children and the reasons for the rating. It was noted that Audit were currently undertaking a review of these two areas and initial indications suggested that progress was being made, however, a lot of work was still required to fully implement the recommendations.

Referring to the high number of unimplemented recommendations detailed in the Emergency Planning audit, it was noted that new management are now responsible for Emergency Planning who acknowledged the issues raised and a recent follow-up review had found that good progress had been made on implementing the recommendations.

Concluding, the Audit Manager outlined the information included in the Appendices to the report submitted, making specific reference to Appendix 3, clarifying that the Management Response, as indicated in the appendix, was given at the time of the audit and the Management Action was the current progress made on implementing the recommendations.

In response to the report, the Strategic Director People confirmed that the Directorate was not in an acceptable position and he welcomed the audit and its recommendations. Continuing a detailed account of the findings of the audit were presented, indicating that significant improvements were required but acknowledging that this would take time to implement to ensure that the service was maximising every opportunity within budget restrictions to put things right. The robustness of the audit process within the whole of the People Directorate needed embedding and in conjunction with Audit, this would be monitored on a regular basis, to assess where progress was underway and to address where issues were falling behind.

In conclusion, the Strategic Director commented that his officer team were committed to making audit work and making sure that recommendations from the audit findings would be applied to the Directorate’s practices and operating proceedings.

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87 Arising from consideration of the report, members asked questions to which officers gave detailed responses including the number of unimplemented recommendations that had not been actioned; factors relating to the low percentage of reports that had been issued within 6 weeks of the date of issue of the draft reports and a question relating to the Adoption and Fostering Service. In response, it was noted that that a new IT system was being considered which would significantly improve communications between all services with the aim of achieving a holistic one-service approach. The Committee were also reassured that a financial assessment review would be undertaken on an annual basis as recommended.

Reference was also made to the remodelling of the Dementia Gateway and the redesign of the transport which had enabled the second Dementia Gateway to remain open and ensuring that transport was of the highest standard.

Concerns were expressed at the timescales given to complete follow-up reviews for recommendations and a detailed explanation of the follow-up process was reported.

It was reported that improvements to all systems within the Directorate were required to achieve better compliance and the Strategic Director assured the Committee that the Directorate would do its utmost to improve and achieve the expected standards.

Resolved

That, the information contained in the report and Appendices to the report submitted in respect of the 2015/16 audit work undertaken in the Directorate of People, be accepted.

29 Suspensions under the provisions of the Employee Improvement and Disciplinary Procedure

A report of the Chief Officer Transformation and Performance was submitted informing the Committee of the number of employees who were suspended pending investigations into allegations of gross misconduct during the period 1st October 2015 to 30th September 2016.

During the presentation , the Chief Officer Transformation and Performance made specific reference to paragraph 9 of the report which set out the statistics for disciplinary suspensions for the period 1st October 2015 to 30th September 2016 noting that 11 suspensions had been invoked, 10 of which had been resolved with 1 still on-going.

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88

It was reported that the average length of a suspension had been 80 days, although 1 case had been on-going significantly longer and the details of the case were presented to the Committee.

Concluding, the Chief Officer Transformation and Performance reported on the number of employees who were suspended who subsequently presented as sick.

Arising from consideration of the report, a discussion took place in relation to employees presenting as sick whilst on suspension and in response, the Chief Officer Transformation and Performance agreed to report back to the Committee the sickness taken in relation to the suspensions and format the tabulation to reflect these figures in future reports.

Referring to disciplinary cases where possible criminal charges may be given, and why hearings could not be scheduled whilst criminal proceedings were still outstanding, the Chief Officer Transformation and Performance agreed to seek clarification on this issue from Legal Services and report back to the Committee.

In response to a question raised regarding six cases referred to in the report submitted, that had been carried over from last year and how long they had taken to conclude or whether they were still on-going, the Chief Officer Transformation and Performance agreed to report the information to the Committee and ensure that information relating to cases carried over from one year to the next, were included in future reports.

Referring to the number of disciplinary cases involving safeguarding allegations and the number in Dudley in comparison to other Authorities, the Chief Officer Transformation and Performance agreed to undertake a benchmarking exercise with neighbouring authorities and report back to Committee.

Resolved

(1) That, the information contained in the report submitted in respect of suspensions under the provisions of the Employees Improvement and Disciplinary Procedure or relevant Schools Disciplinary Procedure, be noted.

(2) That, the Chief Officer Transformation and Performance agreed to undertaken the following:

- report back to the Committee the number of employees on sick leave whilst on suspension and format the tabulation to reflect these figures in future reports to provide more accurate data;

- seek clarification from Legal Services on why disciplinary cases could not be heard until criminal proceedings had been concluded;

- report back to Committee the conclusion of cases carried forward from last year and include this information in future reports;

ASC/22

89 - undertake a benchmarking exercise with neighbouring authorities in relation to the number of disciplinary/suspensions relating to safeguarding allegations.

30 Risk Management Report

A report of the Chief Officer Finance and Legal was submitted updating members on current corporate risks and other matters relating to risk management. Appendix 1 to the report, showed details of Corporate Risks which were generally acknowledged as being the most significant facing the Council; impacting upon at least one or several of the Council’s key objectives. In addition to risks shown in Appendix 1, the Committee were requested to identify any particular risk for closer scrutiny the next time a risk report was scheduled.

In presenting the report, the Chief Officer Finance and Legal reported that the Committee requested it should receive details of Corporate Risks three times per annum and at its previous meeting, the Committee agreed to scrutinise risk R.82 which related to Corporate Reorganisation.

The Chief Executive was then invited to present the risk to the Committee.

The Chief Executive reported on the risks associated with the corporate reorganisation that had taken place in the authority since her appointment in 2015 and Dudley’s bold decision to implement a much leaner senior management structure. It was acknowledged that restructuring of this nature would always be associated with risks as it created instability and uncertainly in staff. However, it was important to realise that it had also created opportunities for the Council to look at implementing new ideas, review roles and save funds. Two particular areas of mitigation referred to in the risk register around staff engagement and culture change were highlighted and it was noted that a further review of the new senior management structure had already been undertaken on the departure of the Strategic Director Resources and Transformation.

Referring to staff engagement and culture change, the Chief Executive then highlighted activities that had been undertaken, which included; the launch of the Working for Dudley Plan 2016-19; the launch of the values and behaviors framework; the bi-monthly leadership forums, and the bi-monthly express briefings which were accessible to all staff. A mini-policy review on attendance management had also been undertaken to ensure that a robust and consistent approach was being given to managing attendance and reducing sickness absence where appropriate to do so and as a result, a reduction in short-term absence had been noted. Performance reviews of all staff were being undertaken annually and recorded and a review of the PRD process had been carried out to make it more effective and a further review of the process would be undertaken. Reference was also made to a new information system, referred to as the PIMS Project, that would ensure that a strong information management system was in place across the Council which joined up Finance and HR to provide accurate information relating to staff and enabling the development of a more automated system that would reduce requirements on staff time.

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90

Concluding, the Chief Executive reported that Corporate Board had discussed the restructuring at its meeting in November and felt that the new senior management structure was now embedded in the organisation and therefore, the risk around restructuring had now receded, and that this specific risk would be removed from the Corporate Risk register in the new year, however members could be assured that the management structure within the authority would be continually reviewed to ensure that the right structure was in place .

Arising from consideration given to the presentation, the Chief Executive responded to questions raised by the Committee including a question raised by the Chair in relation to the capacity of time spent by the Chief Executive and Senior Directors on work for the Combined Authority. In response, it was acknowledged that the combined authority did require some capacity, however, it was noted that the additional work being undertaken included issues that Dudley should be focusing on including, the metro, enterprise zones, the mental health commission, regeneration and land reclamation. The Chief Executive assured members that the situation was regularly reviewed to ensure that focus was being given to key strategic issues whilst ensuring that day-to-day operational issues were being dealt with, which including Councillor contact.

In response to a question raised relating to attendance management, the Chief Executive agreed to provide the Committee with information relating to the improvement in attendance figures.

Following a brief discussion, members of the Committee suggested that R14 relating to Equal Pay Settlements be the particular risk identified for closer scrutiny the next time a risk report was presented to this Committee.

Resolved

(1) That, the information contained in the report and Appendix 1 to the report submitted on corporate risks appearing at the highest level on the Council’s risk register, be noted.

(2) That, the information contained in the presentation on R82 associated with Corporate Reorganisation, be noted.

(3) That, the risk R14 in relation to Equal Pay Settlements, be the particular risk identified for closer scrutiny the next time a risk report was referred for consideration by the Committee.

(4) That the Chief Executive report back to the Committee on information relating to the improvement in short-term sickness levels, which had been included in the most recent quarterly performance report that had been submitted to Overview and Scrutiny Management Board.

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91

31 Annual Report of the Committee on Standards in Public Life

A report of the Monitoring Officer was submitted on the annual report of the Committee on Standards in Public Life for 215/16.

Presenting the report, the Democratic Services Manager stated that the report submitted summarized the issues the Committee had reviewed nationally, with a focus on the functions of this Committee.

Reference was made to Dudley’s Code of Conduct where the seven Principles of Public Life, referred to in the annual report, were reflected. An overview of the activities of the Committee that had been reviewed this year and those proposed for review next year were highlighted and specific reference was made to the Local Government Ethical Standards, as referred to in paragraph 6 of the report.

Consideration had been given to the adoption of a mandatory code nationally and that the role of the Independent Persons appointed in line with the Localism Act, be reviewed. Evidence however from the Committee, suggested that the Independent Persons had reduced the number of vexatious claims made on the code of conduct, noting that this also reflected Dudley’s position. Reference was also made to the effectiveness of sanctions and promoting the 7 principles as a guide.

Concluding, the Democratic Services Manager reported that should any issues arise that would require the authority to review its own local standard arrangements; such issues would be bought to this Committee for consideration.

Resolved

That the Annual Report of the Committee on Standards in Public Life 2015/16, be noted.

32 Grant Thornton Annual Letter 2015/16

A joint report of the Chief Executive and the Chief Officer Finance and Legal was submitted in respect of the Council’s External Auditor’s (Grant Thornton UK LLP) Annual Audit letter for 2015/16 together with the External Auditor’s briefing to the Council on the authority’s and auditor’s responsibilities in respect of the authority’s financial position.

At this juncture, before inviting Ms Jobens to present the External Auditor’s briefing to the Committee, the Chief Officer Finance and Legal informed the Committee that Ms Jobens would be leaving Grant Thornton and that this would be her last Committee. Thanks were express to Ms Jobens on her work for the authority and Mr T Tobin was introduced to the Committee as the new Audit Manager.

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92 In presenting the report, Ms Jobens reported that the Letter attached as Appendix 1, highlighted the conclusions set out in the Audit Findings Report that were presented to the Committee on 20th September, 2016, and which had resulted in the auditor issuing an unqualified opinion on the Council’s financial statements. A qualified ‘except for’ value for money conclusion had also be given based around OFSTED’s inspection of Children’s Services and the gaps in the medium term financial strategy.

It was noted that work had been completed on the Whole of the Government Accounts (WGA) and the accounts had been closed by a financial certificate being issued. Outstanding work on Housing Benefits had now been completed and this would be reported to Committee at its meeting in February 2017.

Mention was made of the potential Section 24 recommendation around the medium term financial strategy that was discussed at the Committee meeting held in September this year. It was noted that the External Auditors had been pleased with the response they had received from this Committee and Officers in relation to the action being taken to try and close the financial gap, particularly with the draft medium term financial strategy, and felt that it would be inappropriate at this point to issue the written recommendation due to the action the Council were already undertaking.

Concluding, Ms Jobens expressed thanks to the Committee, Finance and Internal Audit for the support she had received over many years as the Council’s External Auditor.

Arising from consideration of the presentation, the Chair reminded the Committee that although the External Auditors had not issued the Section 24 at this point, the Authority needed to be mindful that there were still many tough decisions to be made to ensure that an appropriate and sustainable budget was set.

Resolved

That the information contained in the report, and Appendix 1 to the report, submitted on the Annual Audit Letter 2015/16, be noted.

The meeting ended at 7.15pm.

CHAIR

ASC/26

93 Minutes of Audit and Standards Committee

Thursday 9th February 2017 at 6.00 p.m. in Committee Room 3, The Council House, Dudley

Present:-

Councillor P Brothwood (Chair) Councillor S Waltho (Vice-Chair) Councillors, A Aston, S Craigie, M Mottram, A Taylor, L Taylor and T Westwood.

Officers:

I Newman (Chief Officer Finance and Legal Services); R Cooper (Head of Financial Services); M Farooq (Head of Law and Governance); G Harrison (Acting Head of Audit Services); A Taylor (Principal Auditor) and L Jury (Democratic Services Officer).

Also in Attendance:-

J Cook and T Tobin (Grant Thornton) for agenda item no. 5 only.

33 Apologies for Absence

Apologies for absence were received on behalf of Councillors J Baines and J Hill.

34 Appointment of Substitute Members

It was reported that Councillor L Taylor was serving as a substitute member for Councillor J Hill for this meeting of the Committee only.

35 Declarations of Interest

No member made a declaration of interest in accordance with the Member’s Code of Conduct.

36 Minutes

Resolved

That the minutes of the meeting held on 8th December, 2016, be approved as a correct record and signed.

37 Grant Thornton Letter: Grant Certification Work 2015/16

ASC/27

94 A report of the Chief Officer Finance and Legal Services was submitted on the work undertaken by the External Auditors (Grant Thornton) to certify grant claims and returns for 2015/16. A copy of the grant claims certification letter was attached as an Appendix to the report submitted.

Mr Cook in presenting the report, reported that they had undertook work to certify the Housing Benefit subsidy claim for the financial year 2015/16 relating to expenditure of £96.5 million and referred to the claim amended figure of £246 and it was acknowledged that this was a relatively minor figure in context of the £96.5 million and this clearly demonstrated that benefit payments were being calculated correctly. It was also noted that there were no other issues to bring to the attention of the Committee arising from the certification work that had been carried out.

Arising from the presentation, it was requested that the Chief Officer Finance and Legal Services forward the Committee’s recognition of the excellent record and hard work of the Finance Staff.

Resolved

That, the information contained in the report and Appendices to the report submitted on the External Auditor’s Letter on the Certification of Claims and Returns for 2015/16, be noted.

38 Treasury Management

A report of the Chief Officer Finance and Legal Services was submitted outlining treasury activity during the financial year 2016/17 up to the end of December 2016 and also seeking Committee’s approval of the Treasury Management Statement 2017/18, attached as Appendix 2 to the report submitted.

In presenting the report, the Chief Officer Finance and Legal Services commented that this was one of two reports that were submitted to this Committee each year before being submitted to full Council for approval. Reference was then made to the authority’s very prudent approach to Treasury Management, only borrowing money when required and avoiding unnecessary risks.

Specific reference was then made to paragraph 6 of the report noting the authority’s investment up to early January 2017 having averaged as £28.7m, with significant day to day variations as a result of cash flow, and with an average return on the investments of 0.44%. It was also noted that all investments were placed only with institutions that have strong credit ratings. More details of the authority’s investment activities for 2016/17 were set out in Appendix 1.

Continuing, the Chief Officer Finance and Legal Services reported that the average value of long-term borrowings up to the end of December 2016 were £599.0m, with the average rate of interest on these borrowings of 3.69%, being a very low rate for a local authority. It was also reported that the authority had taken out 2 maturity loans totalling £20m with the average interest of 0.95% and it was noted that the authority may need to borrow again before the financial year end but Members were assured that this situation would be closely monitored, and any long-term borrowing would not be taken out unless there was a very ASC/28

95 strong indication that this would be necessary for cash flow purposes. Reference was made to the West Midlands Debt Administration Fund (WMDAF) noting that the authority would continue to manage the outstanding debt, on behalf of other members, until 2026.

Concluding, the Chief Officer Finance and Legal Services referred to the proposed Treasury Strategy Statement 2017/18 as attached as Appendix 2. The report would be submitted to Council for approval on 27th February 2017.

Arising from the presentation, the Chief Officer Finance and Legal Services responded to questions raised by the Committee including questions raised by the Chair relating to the WMDAF.

Resolved

(1) That, the Treasury Management activities 2016/17 outlined in the report submitted, be noted.

(2) That, the Treasury Management Strategy 2017/18, attached as Appendix 2 to the report, be approved.

(3) That, the Chief Officer Finance and Legal Services be authorised to effect such borrowings, repayments and investments as are appropriate and consistent with the approved Treasury Strategy and relevant guidance.

(4) That, the report and Appendices submitted, be referred for approval by full Council at its meeting on 27th February, 2017.

39 Invitation to become an Opted-In Authority – Public Sector Audit Appointments

A report of the Chief Executive and the Chief Officer Finance and Legal Services was submitted on the proposal to opt in to the national scheme for auditor appointments. Further details of the scheme were set out in the invitation to opt in, contained in Appendix 1 to the report.

Presenting the report, the Chief Officer Finance and Legal Services commented that until 2012 the authority’s auditors were the Audit Commission but following the Government’s decision to abolish the Audit Commission, from 2013 up to present date, companies have been appointed to conduct audits under mandatory national arrangements. However, from 2018/19, the authority will have an option to either opt to appoint its own external auditors or opt to voluntarily have audit appointments made by the Public Sector Audit Appointments Ltd (PSAA); an initiative put forward by the Secretary of State for Communities and Local Government.

Reference was made to paragraph 3 of the report which detailed the actions the authority would need to undertake if it opted to appoint its own external auditors. However, it was noted that this option would be demanding in terms of resources and would potentially raise questions in relation to independence.

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96 Continuing, the Chief Officer Finance and Legal Services commented that opting in to the arrangements would ensure that the Council’s auditor would be appointed by an organisation that was already experienced in appointing auditors and it was reported that most local authorities were choosing the opt-in route. Reference was made to the joint activities undertaken by local authorities, such as ownership of Birmingham Airport shares, and therefore it was believed that it would be advantageous for all West Midland authorities to have the same external auditor. This issue would be raised with PSAA.

Concluding, it was reported that approval of the proposal to opt-in to the national scheme for auditor appointments, had been granted at last night’s Cabinet and the Committee were requested to endorse the recommendation which would be submitted to Council on 27th February for final approval.

Arising from the presentation of the report and in response to a question raised regarding whether it was likely that our existing auditors would be re-appointed, the Chief Officer Finance and Legal Services responded that the PSAA would undertake a national level procurement exercise and award new contracts. Whilst it was acknowledged that the work undertaken for a number of years by our current External Auditors, Grant Thornton, had been satisfactory, it was felt good practice to appoint new auditors from time to time as part of the independence requirement.

Resolved

(1) That, the report submitted on the proposal to opt in to the national scheme for auditor appointments, be noted.

(2) That, the recommendation to opt in to the national scheme for auditor appointments be referred for approval by full Council at its meeting on 27th February 2017.

40 Exclusion of the Public

That the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information relating to any individual(s) and that in all the circumstances, the public interest in disclosing the information is outweighed by the public interest in maintaining the exception from disclosure.

Description of Item Relevant Paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972

Audit Services Interim Performance Report 2 and 7

Risk Management Strategy 2 and 7

41 Audit Services Interim Performance Report

ASC/30

97 A report of the Chief Officer Finance and Legal Services was submitted on an update on Audit Services performance and other related information.

In presenting the report, the Acting Head of Audit Services reported that as of December 2016, 43 audits had been completed against a target of 45 due to sickness and having provided more input into the new HR system than had been initially planned. It was, however, envisaged that 90% of the audit plan would be achieved. It was noted that changes had been made to the audit plan since the plan had been approved by this Committee in April 2016, and cancellations set out in paragraph 4, were noted. Some of the cancelled audits may be undertaken in 2017/18 and the replacement audits shown in paragraph 5 were noted.

Continuing, the Acting Head of Audit Services reported that the performance achieved as at 31st December 2016 on the time taken from the start of an audit to the issue of the draft audit report against a target of seven weeks, was similar to that which had been achieved during 2015/16. It was also noted that the finalisation of reports produced within six weeks of the draft report being issued, was below the performance achieved in 2015/16 but above the informal target previously set by this Committee.

Progress to date on Business Plan actions was reported. Details of the follow up work undertaken since last reporting to the Committee was also provided as set out in paragraphs 10 and 11.

Concluding, the Acting Head of Audit Services made reference to Fraud, reporting that the service was continuing to investigate a matter of alleged fraud which could potentially result in a criminal prosecution and Proceeds of Crime Act proceedings. It was also noted that several minor cases were also being investigated and good progress was being made on the Fraud Action Plan.

Arising from the presentation of the report, Members raised questions and made comments relating to the information presented to which answers were given at the meeting.

Resolved

That, the information contained in the report submitted on Audit Services performance and other related information, be noted.

42 Risk Management Strategy

A report of the Chief Officer Finance and Legal was submitted updating members on current corporate risks and other matters relating to risk management. Appendix 1 to the report, showed details of Corporate Risks which were generally acknowledged as being the most significant facing the Council; impacting upon at least one or several of the Council’s key objectives. In addition to risks shown in Appendix 1, the Committee were requested to identify any particular risk for closer scrutiny the next time a risk report was scheduled.

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98 In presenting the report, the Chief Officer Finance and Legal Services reported that the Committee requested it should receive details of Corporate Risks three times per annum and at its previous meeting, the Committee agreed to scrutinise risk R.14 which related to Equal Pay settlements.

The Chief Officer Finance and Legal Services then delivered a detailed presentation to the Committee outlining this matter.

Arising from the presentation of the report, Members raised questions and made comments relating to the information presented to which answers were given at the meeting.

Resolved

(1) That, the information contained in the report and Appendix 1 to the report submitted on corporate risks appearing at the highest level on the Council’s risk register, be noted.

(2) That, the information contained in the presentation on R14 associated with Equal Pay settlements, be noted.

(3) That, the risk R15 in relation to the Council Budget, be the particular risk identified for closer scrutiny the next time a risk report was referred for consideration by the Committee.

The meeting ended at 7.15pm.

CHAIR

ASC/32

99 Minutes of the Children’s Corporate Parenting Board

Monday 19th December, 2016 at 4.00 pm in Committee Room 2, the Council House, Priory Road, Dudley

Present:

Councillor P Miller (Vice-Chair in the Chair) Councillors N Barlow, P Bradley, R Harris, J Martin, P Miller and D Vickers

Officers:

N Burrows – Dudley Council for Voluntary Service, S Butcher – Chief Officer Children’s Services, S Edwards – Lead for Education Outcomes, J Forbes – Strategy Manager (Housing and Support People), S George – Black Country Foundation Trust (LAC Nurse), A Grove – Lead for Youth and Community, M McFadden – CPB Co-ordinator, D Patel – Whole Life Disability Services, I Payne – Head of Children in Care and H Shepherd – Democratic Services Officer.

Also in attendance:

M Galikowski – Service Manager – Integrated Youth Support and S Samrai – Social Worker (Minute No. 58 only)

53 Introductions by the Chair

The Chair welcomed everyone to the meeting.

54 Apologies for Absence

Apologies for absence from the meeting were submitted on behalf of Councillors I Cooper and N Richards; H Ellis, B Kaur, J Smith and A Webb.

55 Minutes

Resolved

That, the minutes of the meeting held on 8th November, 2016, be approved as a correct record.

56 Matters Arising and Action Tracker

The Board reviewed the action tracker and updates were provided by Officers where necessary.

CCPB/37 100 Concerns were raised with regards to the outstanding action in relation to the preparation of suitable material to be issued to foster carers with regards to the use of sport and leisure facilities for foster carers and their looked after children. Members requested that this action be measured as red and that the Chief Officer Children’s Services and the Head of Children in Care be requested to pursue the issue to establish the reasons for the delay.

Resolved

(1) Noted.

(2) The Chief Officer Children’s Services and the Head of Children in Care be requested to pursue the action in relation to the registration of foster carers and their children looked after at leisure facilities.

57 Children in Care Council

The Lead for Youth and Community presented an update report on the aims and achievements to present, and the views of Children in Care, together with a proposal for the 2017 work programme and developments for the Children in Care Council.

The Lead for Youth and Community highlighted the key achievements accomplished by the group during the last 12 months, in particular referring to the launch of the children in care and care leavers website. It was commented that the website would be hosted by the Local Authority in-house, as external providers were costly and restrictive.

It was stated that the Children in Care Council had discussed their annual work programme and had requested that similar agenda items as those considered by the Children’s Corporate Parenting Board be included in their annual work programme, so that they had opportunity to comment and provide more informed feedback on relevant items, to help develop the ability to hold Officers and the Local Authority accountable.

It was further stated that the Children in Care Council would undertake various projects during 2017, one in which would be linked to photography, reflecting their views on life, with the opportunity to display their work in John Lewis Store, Birmingham.

The Lead for Youth and Community referred the Board to the Children in Care Council’s projected budget request for 2017, which had been reduced by 20% from the previous year’s request. The Board were advised that as they were not a decision making body, they were unable to vote on the decision, but could express their support on the proposal.

CCPB/38 101 Arising from a question raised by the Head of Children in Care with regards to whether or not the group had progressed applying for charity status, the Lead for Youth and Community clarified that the Children in Care Council, as a group, did constitute as a voluntary organisation so could have charity status which would enable the group to undertake charitable work to obtain funding, however, as all the representatives were under the age of 18, there was no responsible representative that could hold the budget.

Resolved

(1) That the information contained in the briefing note and presented at the meeting, be noted.

(2) That the Children’s Corporate Parenting Board’s work programme be shared with the Lead for Youth and Community so that the Children in Care Council could have an aligned agenda.

(3) It was noted that the Children’s Corporate Parenting Board supported the Children in Care Council projected budget request for 2017.

58 Case Study: A child in care and the youth justice system

The Service Manager – Integrated Youth Support and Social Worker were in attendance at the meeting and gave a presentation in relation to a case study of a young person in the Local Authority’s care who was also involved in the criminal justice system.

The Social Worker outlined the case, referring to the complicated and in- depth step by step process undertaken by the youth offending service and the repeated attempts taken to engage with the young person.

Arising from the presentation and in response to a question raised with regards to the amount of time, cost and effort that had been given to the young person, the Service Manager – Integrated Youth Support, commented that the young person had access to a practitioner at least twice a week and would undertake 3 or 4 hour sessions a week towards the 24 hour reparation. The exact costings of the services would be provided to Members following the meeting.

In response to further questions with regards to the range of support that was available to young people and what encouragement was given to them, the Social Worker commented that in this particular case a range of officers had attempted to engage with the young person, making arrangements for her to attend the School that she wanted, however the young person suffered with low self esteem and issues of neglect and had difficulty in partaking in the arranged activities.

CCPB/39 102 The Chief Officer Children’s Services commented that the Children’s home where the young person was placed, had been rated by Ofsted as good and provided a great deal of support, and suggested that it may be useful for Members to hear the young person’s views of their own personal experience of the process and support provided direct. It was also commented that unfortunately there were many children around the country in similar positions as to the young person referred to in the case study. The Charlie Taylor Review of the Youth Justice System report was considered to be an interesting report which would be circulated to Members for their perusal.

Following consideration of the information presented, the Board requested that further consideration should be given to the following items and future reports be submitted accordingly:-

• Details in relation to Section 20 of the Children Act and the associated implications. • To consider the outcome of the review of Dudley’s Youth Offending Service, in conjunction with the Charlie Taylor Report. • A progress update be provided on the young person outlined in the case study in approximately 4 to 6 months incorporating the personal views of that particular young person. • Comparison of outcomes from the early help offer and therapeutic CAMHS service.

Resolved

(1) That the information presented at the meeting, be noted.

(2) That the recommendations for items of further consideration, as referred to above, be incorporated into the Children’s Corporate Parenting Board’s work programme.

59 Progress report of the Virtual School Head Teacher – November, 2016

Consideration was given to the progress report of the Virtual School Head Teacher for the November period, as presented by the Lead for Education Outcomes.

In referring to the percentage of pupils that were placed in schools rated either good or outstanding, it was commented that following the recent Ofsted inspections on Schools within the Borough, this figure was likely to change and confirmed to the Board in a future report.

CCPB/40 103 Following the presentation of the report and in response to a question raised with regards to the mechanisms that had been implemented to achieve the reduction in the gap in reading for children in care, the Lead for Education Outcomes commented that a new assessment had been undertaken, together with a higher level of intervention in Primary Schools for reading which was considered to have been a factor in contributing to the positive outcome. It was also commented that due to the relatively small numbers, the figures identified that children in care, placed in Dudley schools, were performing on par with their peers.

Arising from a question raised in relation to whether or not a child in care could be expelled from a Dudley School, the Chief Officer Children’s Services clarified that this could be a possibility, but the School would be required to discuss the issue with the Strategic Director People in the first instance. The Local Authority would do their utmost to avoid an exclusion by implementing a managed move or identifying an alternative educational provision wherever possible.

Resolved

That the information contained in the report and presented at the meeting, be noted.

60 Work Programme

The Children’s Corporate Parenting Board co-ordinator commented that the Independent Safeguarding Board Chairperson had requested to attend a future meeting to observe and to discuss how the Dudley Safeguarding Children’s Board and the Children’s Corporate Parenting Board could work collaboratively. With the agreement of the Board, the Independent Safeguarding Board Chairperson would be invited to attend the meeting scheduled for March 2017.

The Head of Children in Care agreed to provide an update on care leavers performance, which would be incorporated into the Virtual School Progress Report submitted in March 2017.

Resolved

(1) That the work programme be noted.

(2) That the Independent Safeguarding Board Chairperson be invited to attend the meeting scheduled for 14th March, 2017, to discuss how the Dudley Safeguarding Children’s Board and the Children’s Corporate Parenting Board could work collaboratively.

(3) That performance information in relation to Care Leavers be incorporated into the Virtual Schools Progress report to be submitted in March, 2017.

CCPB/41 104

61 Dates of Future Meetings

Resolved

Noted.

The meeting ended at 5.15 pm.

CHAIR

CCPB/42 105 Minutes of the Children’s Corporate Parenting Board

Monday 6th February, 2017 at 4.00 pm in Committee Room 2, the Council House, Priory Road, Dudley

Present:

Councillor I Cooper (Chair) Councillors N Barlow, P Bradley, R Harris, P Miller and D Vickers

J Ahmed – Foster Care Representative, N Burrows – Dudley Council for Voluntary Service, S Butcher – Chief Officer Children’s Services, S George – Black Country Foundation Trust (LAC Nurse), A Grove – Lead for Youth and Community, B Kaur – Consultant (Public Health), M McFadden – CPB Co- ordinator, D Patel – Whole Life Disability Services and H Shepherd – Democratic Services Officer.

Also in attendance:

Councillor N Richards – Invitee Councillor P Watling, Telford and Wrekin Council - Invitee S Grainger – Team Manager – Care Leavers Team (for agenda item no. 10 – Care Leavers at University) P Martin – Higher Education Champion (for agenda item no. 10 – Care Leavers at University) K Wakefield – Team Manager – Adoption (for agenda item no. 11 - Adoption Review Update)

62 Introductions by the Chair

The Chair welcomed everyone to the meeting, in particular Councillor P Watling, Telford and Wrekin Council, who was observing the meeting.

63 Apologies for absence

Apologies for absence from the meeting were submitted on behalf of Councillors J Martin, G Partridge and D Vickers; S Brooks, S Edwards, J Forbes, I Payne, J Smith and A Webb.

64 Minutes

Resolved

That, the minutes of the meeting held on 19th December, 2016, be approved as a correct record.

CCPB/43 106

65 Matters Arising and Action Tracker

The Board reviewed the action tracker and updates were provided by Officers where necessary.

In referring to the on-going action in relation to leisure passes for foster carers and their looked after children, it was commented that arrangements were in hand to streamline the process. The Chief Officer Children’s Services considered the length of time the action had taken to be implemented to be unacceptable and agreed to personally pursue the issue.

A proposed draft version of the child’s pledge was circulated at the meeting. Board Members commented positively on the design and content and discussed the best ways in which to launch and publicise the pledge to ensure that all children looked after were aware. Arising from a suggestion with regards to incorporating the Children’s Alliance into the pledge, the Chief Officer Children’s Services felt that this may be premature at this stage as not all children looked after were familiar with the alliance, but could be included in future publications.

The Chief Officer Children’s Services, together with the Children’s Corporate Parenting Co-ordinator, agreed to discuss the arrangements for a possible event or press release with the Head of Children in Care, which would preferably be scheduled during February half term break to encourage as many children looked after to attend. Consideration would also be given to the possibility of linking the event with World Social Worker Day.

In considering ways in which to communicate with cared for young people, the Chief Officer Children’s Services advised that a decision had been made to purchase an application, namely, ‘My Own Opinion Matters’ (MOMO) which was hoped would improve communication with a young person’s social worker. This application had had a significant impact in other Local Authorities and was considered an additional avenue for young people to contact professionals.

In referring to an action agreed by the Board at its meeting in December, 2016, the Chair commented that he did not feel it was appropriate for a progress update to be provided on the young person outlined in the case study, as it was important to ensure anonymity, but would welcome an update focused on the Youth Support team or a cohort of young people.

Resolved

(1) Noted.

(2) The Chief Officer Children’s Services to pursue the action in relation to leisure passes for foster carers and their looked after children, identifying reasons for the delay for implementation.

CCPB/44 107 (3) The Chief Officer Children’s Services, together with the Children’s Corporate Parenting Co-ordinator and the Head of Children in Care to arrange an event or press release to advertise the publication of the child’s version of the ‘Pledge’.

(4) That the agreed action for a progress update on the young person outlined in the case study considered at the Children’s Corporate Parenting Board in December, 2016, be replaced with an update focused on the Youth Support team or a cohort of young people.

66 Change in Order of Business

Resolved

That the order of business be varied and that the agenda items be considered in the order set out in the minutes below.

67 Adoption Review Update

The Board considered a report in respect of the Regional Adoption Agency (RAA).

The Team Manager – Adoption presented the report and provided an update on regional and partnership working, adoption support fund and the inter- agency fee fund.

Following the presentation of the report and in response to a question raised, the Team Manager – Adoption confirmed that the capped limit of £5000 Adoption Support fund, was a decision made by Central Government, due to the high demand for the fund, which had exceeded expectation and would help to fund therapeutic needs for adopted children and young people.

Resolved

That the information contained in the report and presented at the meeting, be noted.

68 Children in Care Council – Take over challenge

A briefing note was considered by the Board providing feedback from the Children in Care Council on the ‘Take Over Challenge’ organised by the Children’s Commissioner.

The Lead for Youth and Community presented the report and informed the Board that various Officers within the Local Authority had been contacted with regards to participating in the ‘Take Over Challenge’ with six officers agreeing to partake.

CCPB/45 108 It was stated that all nine of the young people that had participated in the challenge commented positively on their experience and expressed an interest in doing it again.

Following the presentation, Members expressed the need to look at how to enhance and improve ‘Take over Challenge’ experiences. The Lead for Youth and Community commented that young people would be interested in shadowing professional officers and elected members, but it was important that the takeover remained interesting and appropriate for a young person. It was suggested that these experiences should be undertaken on a quarterly basis.

Members expressed concern with regards to the difficulties experienced identifying placements for children on work experience and commented that some schools, particularly in deprived areas, had now ceased undertaking this activity and requested the Chair, as Cabinet Member for Children’s Services, to raise this issue at a future Cabinet or Council meeting. The Chair concurred with the comments raised and requested that a report on the subject would submitted to a future meeting of the Children’s Corporate Parenting Board.

Resolved

(1) That the information contained in the report and presented at the meeting, be noted.

(2) That the Chair, as Cabinet Member for Children’s Services, be requested to raise the issue with regards to the lack of provisions made available for work experience students at a future Cabinet or Council meeting.

(3) That a report on Work Experiences and Apprenticeships be submitted to a future meeting of the Board.

69 Modelling the Needs of Children Looked After by Dudley MBC

The Chief Officer Children’s Services presented a report on modelling the needs of children looked after by Dudley MBC and stated that Dudley had a higher than average number of children looked after than its statistical neighbours and commented that considerable effort was being made to reduce this number in a safe and sustainable way.

The Board was advised that the current number of children looked after had reduced to 685 which is below the set target of 700 by March 2017. It was stated that particular focus had been made on promptly progressing Special Guardianship Orders, as well as thorough consideration being given to whether bringing a child into care would be of benefit to that particular child, taking into account the detrimental effect it may have on their future life.

CCPB/46 109 In referring to the comprehensive modelling exercise that was currently being undertaken, the Chief Officer Children’s Services confirmed that this exercise would help identify the areas and cohorts with specific concerns and help address any issues. It was stated that a further report would be submitted to the Board when tangible information was available and the model exercise was complete.

Arising from a question raised the Chief Officer Children’s Services stated that every child brought into care is the subject of a care plan which is reviewed at regular statutory intervals. Reviews consider whether or not it was safe or appropriate for the child to return home. It was stated that evidence showed that if a child had not returned home within a six week period, it is very unlikely that they ever would.

The Chief Officer Children’s Services also advised that she met with colleagues on a weekly basis to discuss a variety of issues in particular with regard to the number of children that had come into care or returned home; any cost implications; Special Guardianship Order progressions and foster care vacancies.

Members welcomed the modelling exercise that was being undertaken and awaited the outcomes, but expressed the need to ensure that all children continued to be safeguarded. Elected Members also requested that measurable indicators be incorporated into the analysis so that performance could be monitored and compared in the future.

Resolved

(1) That the information contained in the report and presented at the meeting, be noted and for the Chief Officer Children’s Services to note the comments made above.

(2) That a further report, following completion of the modelling exercise, be submitted to a future meeting of the Children’s Corporate Parenting Board.

70 Performance Report December, 2016

A performance report for the period July, 2016 to December, 2016 was submitted and presented by the Chief Officer Children’s Services and reported on each indicator individually.

In referring to the percentage of initial health assessments that were conducted on time, an elected Member requested that additional information be included in future reports as to what was being implemented or actioned to improve the performance rate for this indicator.

CCPB/47 110 Arising from an enquiry with regards to how e-PEP’s were progressing, the Foster Care Representative expressed concerns in relation to foster carers now being excluded from the process and commented that she had received negative feedback from other foster carers in relation to the e-PEP process. She further stated that there appeared to be significant issues with the system not working correctly, particularly as Schools were experiencing difficulties in accessing the system and considered the process to be worse than the one that was in operation previously.

Members expressed concern with regards to the comments made and the Chief Officer Children’s Services agreed to raise the Boards concerns with the Lead for Education Outcomes and Virtual School and to report back to the Board prior to the next meeting, with an update report submitted to the meeting in March, 2017.

Resolved

(1) That the information contained in the performance report submitted and presented at the meeting, be noted.

(2) That additional information as to what was being implemented or actioned to improve the performance rate in relation to the percentage of initial health assessments that were conducted on time, be included in future Performance Reports.

(3) The Chief Officer Children’s Services to raise the Boards concerns in relation to the e-PEP system, as referred to above, with the Lead for Education Outcomes and the Virtual School and an update to Board Members be provided prior to the next meeting and for a report to be submitted to the Children’s Corporate Parenting Board in March, 2017.

71 Black Country Impact Project

A presentation of the Lead for Connexions and Worklessness was submitted on the Black Country Impact Project. The presentation had been circulated to Members prior to the meeting.

During the presentation, the Lead for Connexions and Worklessness provided a background to the Connexions service and the Black Country impact project; outlined the support that was available for children in care and identified the challenges for children in care and the anticipated outcomes.

Arising from the presentation, Members asked questions, made comments, raised concerns, and responses were provided where necessary as follows:-

• That work was currently being undertaken to identify what provisions were available that could adequately support young people with Special Educational Needs.

CCPB/48 111 • Dudley’s allocation of the £51 million European Union fund equated to £6 million which would continue until July 2018.

• Across the Black Country to date there was an under spend of £12 million, which was considered to be due to the late start of the programme and young people should be encouraged to enlist on the project.

• That support workers were working collaboratively with the Regeneration and Post 16 teams to develop direct relationships with employers, particularly in the labour market, to gain greater access and enhance employment opportunities for young people in care.

• Members expressed concern with regards to the tight timeframe and questioned how achievable it was to help young people.

• Specific figures on the number of successfully young people who had achieved employment as a result of support from the Black Country Impact Project to be circulated to the Board.

• It was commented that all unemployed children between the ages 15- 29 were eligible to the funding stream.

Resolved

(1) That the information presented on the Black Country Impact Project, be noted.

(2) That specific figures on the number of successfully young people who had achieved employment as a result of support from the Black Country Impact Project to be circulated to the Board.

72 Care Leavers at University

A report on care leavers at University was submitted to the Board for consideration.

The Team Manager – Care Leavers presented the report in detail, referring members to paragraphs of specific importance, making particular reference to the transitional difficulties sometimes experienced by young people; the importance of early preparation for young people and the need to raise aspirations and outlined the financial and emotional support packages that were available to young people that attended university.

CCPB/49 112 The Team Manager – Care Leavers acknowledged the excellent success of care leavers that had attended university since 2005 to date, but recognised that there was significant work to be done to continue to encourage and support young people, referring in particular to the need to develop a bursary database; personal education plans in conjunction with the Virtual School and the need to develop workshops on debt and money management.

Arising from the presentation and in response to a question raised, the Team Manager – Care Leavers stated that the Staying Put policy, attached as an appendix to the report, was relevant to Care Leavers as some young people returned home to their foster carers during school holidays or remained at home and travelled to university each day.

Members commented positively on the report and expressed the need to promote the achievements attained. The Chief Officer Children’s Services commented that the report reflected those young people that had carried on their journey to university, but it was important to recognise that care leavers that had followed different career paths were also flourishing.

It was suggested that the care leavers that had been successful, should be requested to provide feedback, with the possibility of becoming a role model and mentor for other children looked after to encourage aspirations.

Resolved

That the information contained in the report and presented at the meeting in relation to Care Leavers at University, be noted.

73 Voice of the Child

A briefing note was considered by the Board on the voice of the child update.

The DCVS representative presented the report and outlined the key areas of development since the initial presentation to the Board in September, 2016, as follows:-

• The facilitator network had met twice since September, however attendance had slightly reduced from the initial launch and Senior Leaders and Managers were being encouraged to get more staff involved.

• The launch of Dudley I-zone had been slightly delayed, but a soft launch would take place towards the end of February, 2017.

• The promotion of Chatterbox was a priority for the Children’s Alliance, and continual uploads to the site were being encouraged.

CCPB/50 113 • A huge amount of work had been undertaken with commissioners across the partnership of the Voice of Child to develop a guidance document, which had been agreed by the Safeguarding Board. All providers were required to complete a template that would be monitored and reviewed via the Chatterbox function, ensuring young people had opportunity to provide feedback on the services that they access.

• A case study template had been developed, which all providers, including Children’s Corporate Parenting, were encouraged to use to promote consistency.

• That the ‘Care and Share’ tool pilot for SEND was currently in motion and working well. A similar tool for children looked after had yet to commence, however it was considered that this may be a duplication of the new ‘MOOM’ application which was due to be implemented and therefore discussions with the Chief Officer Children’s Services outside of the meeting would be held to consider the best way forward.

Arising from the presentation of the report, the Foster Care representative commented that she had tried to help with the co-ordination of the ‘Care and Share’ tool for children looked after, but had had difficulty in accessing other foster carers email addresses due to data protection. She expressed the need to have some sort of communication mechanism with other Foster Carers, particularly as she represented them on this Board. The Chief Officer Children’s Services agreed to pursue this issue on her behalf.

Resolved

That the information contained in the briefing note and presented at the meeting in relation to the Voice of the Child, be noted.

74 Work Programme

It was noted that the Care Leavers Case Study that was programmed to be considered by the Board in March, 2017, be deferred to September, 2017.

Resolved

(1) Noted.

(2) That Care Leavers Case Study item be deferred to September 2017.

CCPB/51 114

75 Dates of future meetings

Resolved

Noted.

The meeting ended at 6.20pm.

CHAIR

CCPB/52 115 Minutes of the Development Control Committee

Tuesday 29th November, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:-

Councillor K Casey (Vice-Chair in the Chair) Councillors A Ahmed, P Bradley, B Cotterill, A Goddard, S Ridney, T Westwood and D Vickers.

Officers:-

T Glews – Public Protection Manager, I Hunt – Project Engineer, J Hindley – Highways Officer , C Mellor – Interim Planning Manager (Development Management), P Reed – Principal Planning Officer, H Yorke – Principal Planning Officer (Place Directorate); G Breakwell – Solicitor and K Taylor– Democratic Services Officer (Chief Executive’s Directorate)

45 Apology for absence

An apology for absence from the meeting was submitted on behalf of Councillor J Cowell.

46 Declarations of Interest

No member made a declaration of interest in accordance with the Members’ Code of Conduct.

47 Minutes

Resolved

That the minutes of the meeting held on 8th November, 2016, be approved as a correct record and signed.

48 Site Visit

Consideration was given to the following planning application, in respect of which Members of the Committee had undertaken a site visit earlier that day.

Resolved

Application No Location/Proposal Decision

DC/58

116 P16/0465 Vacant Land Site of Approved, subject to conditions Ibstock Brick Ltd at numbered 1 to 2, 4 to 34 Stourbridge Works, (inclusive), as set out in the report Tansey Green Road, submitted and amended condition Pensnett – outline numbered 3 as follows: application for application for residential development 3. The reserved matters (access to be considered). proposals for this site shall be in complete accordance with the Development Framework plan, C2641-P002 – Rev A, C2641- P004-Rev A, C2641-P003-Rev G, 25336 Appendix E.

49 Change in Order of Business

Pursuant to Council Procedure Rule 13(c) it was:-

Resolved

That the order of business be varied and that the agenda items be considered in the order set out in the minutes below.

50 Plans and Applications to Develop

A report of the Strategic Director Place was submitted on the following plans and applications to develop. Where appropriate, details of the plans and applications were displayed by electronic means at the meeting. In addition to the report submitted, notes known as Pre-Committee notes had also been circulated updating certain information given in the report submitted. The content of the notes were taken into account in respect of the applications to which they referred.

The following persons were in attendance at the meeting and spoke on the planning applications as indicated:-

Application No Objectors/supporters Agent/Applicant who wished to who wished to speak speak

P16/1291 Mr James – Objector Mr Taylor

Resolved

Application No Location/Proposal Decision

DC/59

117 P16/1291 59-60 Tower Street, Approved, subject to conditions Dudley – conversion of numbered 1 to 8 and 11 to 14 existing building into 4 no. (inclusive) as set out in the report apartments. Removal of submitted and revised conditions single storey structures numbered 9 and 10 and additional located at rear and conditions numbered 15 to 18 erection of 3 storey (inclusive) as set out below:- building to provide additional 3 no. 9. Notwithstanding the details apartments. shown on the submitted plans and stated in the submitted Design and Access Statement, prior to the commencement of development details of the types, colours and textures of all the materials to be used on the external surfaces of the building hereby approved shall be submitted to and approved in writing by the Local Planning Authority (to include windows and roofing materials). Details/samples of the type, texture, colour and bond of the bricks to be used and a sample panel measuring not less that 1m2 shall be erected on site and approved in writing by the Local Planning Authority. Key plans to cross reference the materials to the building facades will be required to clearly explain the use and type of material. The panel shall be retained on site for the duration and the development and thereafter new brick work shall only be constructed in accordance with these approved details. The development shall be carried out in complete accordance with the approved details.

DC/60

118 10. Notwithstanding the details shown on the submitted plans and stated in the submitted Design and Access Statement, development shall not begin until full details of all the windows and doors and their material, finish/colour have been submitted to and approved in writing by the Local Planning Authority. Large scale architectural drawings (at 1:1, 1:2 or 1:5) and sections and profiles of jambs, heads, sills, glazing bars, and headings together with their relationships to masonry apertures shall be provided.

15. Excluding demolition of the single storey structures at the rear, no works involving ground disturbance, site clearance, construction, level changes shall begin until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has first been submitted to and approved in writing by the local planning authority. Such archaeological work shall comprise a suitably targeted watching brief/evaluation with appropriate provision for archaeological investigation and recording and including subsequent analysis, reporting and archiving.

DC/61

119 16. Prior to the commencement of development, details of the existing and proposed levels of the site (including finished floor levels), which should be related to those of adjoining land, shall be submitted to and approved in writing by the local planning authority. The development shall proceed in accordance with the approved levels.

17. The repairs and architectural reinstatement to the listed buildings (59/60 Tower Street) shall be completed in accordance with the approved details prior to the first occupation of any of the new build apartments hereby permitted.

18. Prior to the commencement of development full details of the proposed lighting scheme for the land at the rear of the site shall be submitted to and approved by in writing by the local planning authority. The approved scheme shall be implemented in accordance with the approved details prior to first occupation.

In considering the above application, Members took into account all the comments made at the meeting, in particular with regard to the number of apartments proposed and that repair works had already commenced at the site. The Applicant invited Members to attend a Site Visit if they deemed it necessary, however any repairs work that had been undertaken had been discussed with the conservation officer.

DC/62

120 P16/1292 59-60 Tower Street, Approved, subject to conditions Dudley – listed building numbered 1 to 2 (inclusive) as set consent for conversion of out in the report submitted and existing building into 4 no. additional conditions numbered 3 Apartments. Demolition of to 17 (inclusive) as set out below:- single storey single storey structures located at rear 3. Only alterations and of main building. demolition detailed and specified in this application will be permitted. All other existing fabric to the interior and exterior of the Listed Building shall be afforded adequate protection against damage or unauthorised removal at all times throughout the construction process.

4. Any damage caused to the listed building in performance of the works permitted by this consent shall be made good.

5. Notwithstanding the details shown on the submitted plans development shall not begin until details have been submitted to and approved in writing by the Local Planning Authority of the location of all vent pipes, heating appliances, flues, air intake and extraction equipment terminals in order to demonstrate that they will not have a detrimental impact on the appearance of the listed building. The scheme shall be implemented in accordance with the approved details and retained for the lifetime of the development.

DC/63

121 6. Development shall not begin until an audit has been undertaken on all the historic windows and details have been submitted to and approved in writing by the Local Planning Authority on their repair and finish and their treatment in respect of upgrading with internal secondary glazing. The scheme shall be implemented in accordance with the approved details and retained for the lifetime of the development.

7. Notwithstanding the details shown on the submitted plans, development shall not begin until a scheme for providing sound and fire insulation between the apartments has been submitted to and approved in writing by the Local Planning Authority and all works which form part of the approved details and retained for the lifetime of the development. All existing cornices, skirting’s boards etc are to remain fully visible.

DC/64

122 8. Notwithstanding the details shown on the submitted plans, all the historic internal doors identified in the submitted (a) Heritage Statement (b) Historic Building Assessment shall be retained in-situ. Development shall not begin until an audit has been undertaken on all the historic internal doors and details have been submitted to and approved in writing by the Local Planning Authority on their repair, finish and their treatment in respect of their upgrading to a fire door. All works which form part of the approved audit shall be completed in accordance with the approved details and retained for the lifetime of the development.

9. Development shall not begin until a Schedule of Works/Repairs Schedule has been submitted to and approved in writing by the Local Planning Authority (including details of floor and wall finishes; painting schemes/finish for the exterior walls, windows and doors; repairs schedule for existing windows, doors, front entrance, staircase, fireplaces, roof etc). Any departure from the approved schedule of works/repairs schedule will require the prior written approval of the Local Planning Authority.

DC/65

123 10. Notwithstanding the details shown on the submitted plans, particularly in relation to the windows that serve the staircase, development shall not commence until details of the joinery to be used in the external elevations (windows, doors) and their colour and finish have been submitted to and approved in writing by the Local Planning Authority. Large scale architectural drawings at 1:1, 1:2 or 1:5 and samples of the sections and profiles of jambs, heads, cills and glazing bars together with their relationships to masonary apertures. Development shall proceed in accordance with the agreed details and be retained for the lifetime of the development.

11. Notwithstanding the details shown on the submitted plans, the steps of the ground floor front entrance shall be stone and not brick and detailed drawings and samples of the stone to be used for the steps shall be submitted to and approved in writing by the Local Planning Authority prior to development.

DC/66

124 12. The demolition works hereby permitted shall not be undertaken before a contract for the carrying out of the works of redevelopment of the site has been executed and planning permission has been granted for the redevelopment for which the contract provides. Evidence that a contract has been executed shall be submitted in writing to the Local Planning Authority 14 days prior to any demolition works commencing.

13. The demolition works herby permitted shall not be undertaken until a method statement has been submitted and approved in writing by the Local Planning Authority in respect of the proposed methods of removal of modern extensions, alterations or additions to the historic buildings (i.e. the external fire escapes, relocation of ground floor window in front elevation) including protective measures to be taken to avoid damage to historic fabric during demolition work and details of the steps to be taken to rectify any damage to the historic building caused or revealed by demolition or removal of modern extensions, alterations or additions. The scheme shall be implemented in accordance with the agreed method statement.

DC/67

125 14. Before any demolition begins, including the approved alterations to the ground floor front elevation, details shall be submitted to and approved in writing by the Local Planning Authority of the measures to be taken to secure the safety and structural stability of the retained building. The details submitted must be informed by the advice of a qualified structural engineer. The scheme shall be implemented in accordance with the approved details.

15. The details to be submitted in accordance with condition 14 shall include details of the measures to strengthen any wall or vertical surface that is to be retained throughout the lifetime of the development. The details submitted must be informed by the advice of a qualified structural engineer.

16. Notwithstanding the details shown on the submitted plans, the Minton floor tiles present in the ground floor entrance hall will not be overlain by a protective membrane and plywood until further inspection and confirmation of their ability to be repaired and left on display.

17. Notwithstanding the details shown on the submitted plans, prior to the commencement of development the following shall be submitted to and approved in writing by the Local Planning Authority:

DC/68

126 (a) Large scale architectural drawings of the proposed new front entrance door on Tower Street with new fanlight over and relocated ground floor window including details of how the front entrance relates to the new ground floor window and blocked-up door openings.

(b) Brickwork: The type of brick to be used for areas of repair and new build, their size, colour and texture, the source and mix of the lime mortar which shall be used to bed and point the bricks, the brick bond, gauge and joint tooling, the method of repointing masonry. A sample panel measuring not less than 1m2 shall be erected on site and approved in writing by the Local Planning Authority. The panel shall be retained on site for the duration and the development and thereafter new brick work shall only be constructed in accordance with these approved details. Details/samples of the type, texture, colour and bond of the bricks to be used in the blocking-up of existing openings in the front, rear and side elevations.

(c) Details/samples of the type, texture, colour and finish of the lime render to be applied to the ground floor rear elevation.

(d) Details/samples of the type, texture and colour of new window heads/cills in the rear elevations.

DC/69

127 (e) Details of the existing set of timber double entrance doors located in the front elevation of No.59 Tower Street (providing vehicular access to the site) and how they are to be repaired and retained in-situ.

(f) Details/samples of any new or replacement roofing tiles.

(g) Details of the existing and new cast iron rain water goods.

(h) Detailed drawings of the location of any air opening vents to be inserted into the rear roof slopes. They will in the design of a Conservation roof light. The external windows, doors and associated features installed on the building shall be in accordance with the approved details and shall not be replaced, except in accordance with the same approved details. The external render shall be colour coated in accordance with the same approved details and the colour shall not be changed without the prior written agreement of the Local Planning Authority.

P16/1229 Land between 4 & 12, Approved, subject to conditions Seymour Road, numbered 1 to 20 (inclusive), as Stourbridge – Outline set out in the report submitted. application for residential development (All matters reserved) (Resubmission of withdrawn Application P15/1798)

DC/70

128 P16/1449 138-139, Wolverhampton Approved, subject to conditions Street, Dudley – First floor numbered 1 to 8 (inclusive) and rear extension to provide additional conditions numbered 9 3 no. Flats (resubmission to 11 (inclusive), as set out below:- of P16/0780) 9. The development shall be first occupied/used until details of the bin stores have been submitted to and approved in writing by the Local Planning Authority. The bin stores shall be provided in accordance with the approved details prior to the first use/occupation of the development and shall thereafter be retained and maintained for no other purpose for the life of the development.

10. Prior to first occupation all redundant dropped kerbs should be replaced with matching full height kerbs and the adjacent Highway made good.

11. The development hereby approved shall not be first occupied until either a Traffic Regulation Order, a keep clear marking or H bar which restricts parking across the proposed drop kerb access to the site has been put in place, unless otherwise agreed in writing by the Local Planning Authority.

51 Enforcement Action

A joint report of the Strategic Director Place and the Lead for Law and Governance was submitted seeking consideration whether enforcement action should be authorised in respect of the case referred to in the Appendix to the report submitted, namely, Pegasus Grab Hire Limited, Bott Lane, Lye, Stourbridge.

In presenting the report, the Principal Planning Officer informed Members (as indicated on the pre-committee notes) that an planning application had been received from Pegasus Grab Hire Limited on 18th November, 2016, which would be registered once further details had been submitted.

DC/71

129 Resolved

That the enforcement action in respect of the case referred to in the Appendix to this report, be authorised.

52 Approval of the process for the allocation and expenditure of monies received from the Community Infrastructure Levy (CIL)

A report of the Strategic Director Place was submitted informing the Committee of the decision by Cabinet at the meeting of 10th October, 2016 for approval of the process for the allocation and spend of monies received through CIL.

Resolved

That, the decision by Cabinet at the meeting of 10th October, 2016 for approval of the process for the allocation and spend of monies received through CIL, be noted.

The meeting ended at 7.15pm.

CHAIR

DC/72

130 Minutes of the Development Control Committee

Tuesday 20th December, 2016 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:-

Councillor K Casey (Vice-Chair in the Chair) Councillors A Ahmed, P Bradley, B Cotterill, A Goddard, S Ridney, T Westwood and D Vickers.

Officers:-

T Glews – Public Protection Manager, I Hunt – Project Engineer , A Roberts – Planning Policy Manager, P Reed – Principal Planning Officer, R Bolger – Senior Planning Officer, C Reeve – Senior Planning Officer (Place Directorate); G Breakwell – Solicitor and K Buckle– Democratic Services Officer (Chief Executive’s Directorate).

53 Apology for absence

An apology for absence from the meeting was submitted on behalf of Councillor J Cowell.

54 Declarations of Interest

No member made a declaration of interest in accordance with the Members’ Code of Conduct.

55 Minutes

Resolved

That the minutes of the meeting held on 29th November, 2016, be approved as a correct record and signed.

56 Plans and Applications to Develop

A report of the Strategic Director Place was submitted on the following plans and applications to develop. Where appropriate, details of the plans and applications were displayed by electronic means at the meeting. In addition to the report submitted, notes known as Pre-Committee notes had also been circulated updating certain information given in the report submitted. The content of the notes were taken into account in respect of the applications to which they referred.

DC/73

131 The following persons were in attendance at the meeting and spoke on the planning applications as indicated:-

Application No Objectors/supporters Agent/Applicant who wished to who wished to speak speak

P16/1233 Mr Knipe – Objector Mr Moore

P16/1531 Mr Hartley – Objector Mr Nicholas

Resolved

Application No Location/Proposal Decision

P16/1121 Site of Holt Farm Primary It was noted that the application School (Closed), Holt had been withdrawn from the road, Halesowen – Agenda. Demolition of existing Primary School and erection of 27 no. dwellings.

P16/1233 Land off Red Kite Drive Approved, subject to conditions and Middlepark Road, numbered 1 to 15 and 17 to 34 Dudley – Erection of 130 (inclusive), as set out in the report no. dwellings with submitted and slight revisions to associated infrastructure the sustainable drainage condition, and landscaping. and amended condition number 16 and additional conditions, as set out below:-

Drainage Condition:-

Prior to first occupation, full details of a sustainable drainage scheme shall have been submitted to and approved in writing by the Local Planning Authority and thereafter implemented. The submitted details shall provide information about the design storm period and intensity, the method employed to delay and control the surface water

DC/74

132 discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters. The scheme shall also include a timetable for its implementation and provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout the lifetime of the development.

16. No part of the development shall be occupied until visibility splays to Redkite Drive onto Middlepark Road of 2.4m x 59m, to private accesses onto Middlepark Road of 2m x 59m, at junctions within the estate of 2.4m x 33m, to private accesses within the estate of 2m x 33m and forward visibility as shown on the approved drawings (Proposed Site Layout – Rev T). No structure or vegetation exceeding 600mm in height above the adjoining highway shall be placed or allowed to grow within the visibility splays for the life of the development unless otherwise agreed in writing by the Local Planning Authority.

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133 Additional Conditions :-

35. Work shall not begin on the construction of the development until a method statement for the control of dust and emissions arising from the construction of the development has been submitted to and approved by the Local Planning Authority. All works which form part of the approved scheme shall be implemented throughout the construction phase of the development.

36. Before development begins, details shall be submitted to and approved in writing by the Local Planning Authority of existing and proposed levels. Level information submitted for approval shall include details of finished floor levels, gradients of proposed gardens and proposed retaining structures along with sections through the site. The scheme shall be implemented in accordance with the approved details and retained for the lifetime of the development.

In considering the above application Members noted that a second vehicular access into the site was now to be introduced. Members also noted the concerns raised by the objector and considered the position in relation to parking, the impact on traffic flow and the fact that the land had been designated for housing. Members viewed photographs of the site and noted that it remained overgrown and was not currently maintained.

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134 P16/1531 21 Farlands Road, Part A – Refused, for the reason Oldswinford, Stourbridge set out in the report submitted. – Part A: Detached double garage and car port Part B – Approved, subject to (following demolition of conditions numbered 1 to 9 existing detached garage). (inclusive), as set out in the report (Resubmission of refused submitted. application P16/0584). Part B: Two storey side extension with balcony and balustrade to front elevation and flue to rear elevation. Two storey rear infill extension. External alterations to include new and replacement windows, and new rooflights.

In considering the above application Members noted the concerns raised by the objector and the heritage of the area, together with further information in relation to the materials that were to be used.

57 Enforcement Action

A joint report of the Strategic Director Place and the Lead for Law and Governance was submitted seeking consideration whether enforcement action should be authorised in respect of the case referred to in the Appendix to the report submitted, namely, Flash in the Pan, 47 High Street, Lye, Stourbridge.

Resolved

That the request for enforcement action in respect of the case referred to in the Appendix to this report, be refused.

The meeting ended at 7.40pm.

CHAIR

DC/77

135 Minutes of the Development Control Committee

Wednesday 18th January, 2017 at 6.00 pm in Committee Room 2 at the Council House, Dudley

Present:-

Councillor J Cowell (Chair) Councillor K Casey (Vice-Chair) Councillors A Ahmed, P Bradley, B Cotterill, A Goddard, S Ridney, D Vickers and T Westwood.

Officers:-

H Martin – Head of Planning and Development, C Mellor – Planning Manager, H Yorke – Principal Planning Officer, T Glews – Public Protection Manager, J Hindley – Highways Officer, P Reed – Principal Planning Officer, (Place Directorate); G Breakwell – Solicitor and K Buckle – Democratic Services Officer (Chief Executive’s Directorate).

58 Declarations of Interest

Councillor T Westwood declared a non-pecuniary interest in relation to Agenda Item No. 6 – Plans and Applications to Develop – Planning No. P16/1673 – 6 Water Road, Lower Gornal – Change of use from residential (C3) to children’s care home and conversion of garage into habitable room as she resided within close proximity to the property and a planning application notice had been placed outside her property in relation to the application.

59 Minutes

Resolved

That the minutes of the meeting held on 20th December, 2016, be approved as a correct record and signed.

60 Change in Order of Business

Pursuant to Council Procedure Rule 13(c) it was:-

Resolved

That the order of business be varied and that the agenda items be considered in the order set out in the minutes below.

DC/78

136

61 Application No Objectors/supporters Agent/Applicant who wished to who wished to speak speak

P16/1515 Mr C Westwood Mr A Khoury P16/1673 Mr C Smith Mr P Callender

Resolved

Application No Location/Proposal Decision

P16/1515 21 Pedmore Hall Lane, Approved, subject to conditions Pedmore, Stourbridge – numbered 1 to 8, inclusive, as set Demolition of existing out in the report submitted. dwelling and erection of 1 no. Dwelling.

In considering the above application Members noted the concerns raised by the objector and considered the position in relation to the size and height of the property, vehicular access, parking spaces and the appearance of the property fitting in with the street scene. It was noted that the current bungalow had been vacant for some time and occupied a large plot.

P16/1673 6 Water Road, Lower Approved, subject to conditions Gornal – Change of use numbered 1 to 6, inclusive, as set from residential (C3) to out in the report submitted. children’s care home and conversion of garage into habitable room.

In considering the above application Members noted the concerns of the objector and considered the position in relation to emergency vehicles accessing the area together with the movement of traffic and the number of vehicles that would have access to the children’s care home. The positive impact that the care home would have upon children’s lives was also commented upon.

P16/1121 Site of Holt Farm Primary Approved, subject to conditions School (Closed), Holt numbered 1,3 to 33, inclusive, as Road, Halesowen – set out in the report submitted, and Demolition of existing revised condition 2 as set out primary school and below with delegated powers to the erection of 27 no. Strategic Director of Place to make Dwellings. amendments to these as necessary.

2. The development hereby permitted shall be carried out in accordance with the following approved plans:

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137 15-49-00A Location Map; 15- 49-03 Survey Site; 15-49-03J Scheme Site; 15-49-05A S247 Overlay;15-49-04 Street Scene; 15-49-HF1A-01 Floor Plans Plot 17;15-49-HF1A-02 Elevations Plot 17;15-49- HF1B-01 Floor Plans Plot 18; 15-49-HF1B-02 Elevations Plot 18; 15-49-HF1C-01A Floor Plans Plot 12; 15-49- HF1C-02A Elevations Plot 12; 15-49-HF1D-01 Floor Plans Plot 25; 15-49-HF1D-02 Elevations Plot 25;15-49- HF2A-01 Floor Plans Plot 19 & 20;15-49-HF2A-02 Elevations Plot 19 & 20;15- 49-HF2B-01 Floor Plans Plot 21;15-49-HF2B-02 Elevations Plot 21;15-49-HF2C-01 Floor Plans Plot 22 & 23;15-49- HF2C-02 Elevations Plot 22 & 23;15-49-HF3A-01A Floor Plans Plot 13;15-49-HF3A- 02A Elevations Plot 13; 15- 49-HF3B-01 Floor Plans Plot 24;15-49-HF3B-02 Elevations Plot 24;15-49-HF4A-01 Floor Plans Plot 3, 4 & 5;15-49- HF4A-02 Elevations Plot 3, 4 & 5;15-49-HF4B-01 Floor Plans Plot 8;15-49-HF4B-02 Elevations Plot 8;15-49- HF5A-01 Floor Plans Plot 26 &27;15-49-HF5A-02 Elevations Plot 26 & 27;15- 49-HF5B-01 Floor Plans Plot 16; 15-49-HF5B-02 Elevations Plot 16;15-49- HF6-01 Floor Plans Plot 11;15-49-HF6-02 Elevations Plot 11;15-49-HF7-01 Floor Plans Plot 14 & 15; 15-49- HF7-02 Elevations Plot 14 & 15;15-49-HF8-01 Floor Plans Plot 1, 2, 6, & 7;15-49-HF8- 02 Elevations Plot 1, 2, 6 & 7;15-49-HF9-01 Floor Plans Plot 9 & 10;15-49-HF9-02

DC/80

138 Elevations Plot 9 & 10;15-49- GAR 05A Garage Plots 17 - 21 & 23;15-49-GAR 06A Garage Type B Plot 13 & 22; D022 - S.247 Plan

(a) The applicant be invited to make an application to the Secretary of State, under Section 247 Town & Country Planning Act (1990) to close, create and improve highways as shown on drawing no. D022 (Nov 2016) to enable development authorised by planning permission to take place. The full costs and work to the Local Authorities satisfaction shall be met by the developer.

P16/1330 209 Priory Road, Dudley – Refused, for the reasons set out in Change of use of ground the report submitted. floor from retail (A1) to hot food takeaway (A5) with fume extraction to side elevation and ancillary accommodation for a member of staff on first floor with external staircase at rear.

P16/1528 New Bradley Hall Care Approved, upon expiry of Public Home, Compton Drive, Consultation period and subject to Kingswinford – Demolition no further objections being of existing care home and received raising additional material erection of 3 storey care planning considerations not home with associated previously considered. access, car parking and Consultation expires on 20th landscaping. January 2017 not 20th November 2017 as stated on Pre-Committee Note and subject to conditions numbered 1,3,5,8 and 12 to 36, inclusive, as set out in the report submitted and revised condition

DC/81

139 numbered 2, amended conditions numbered 6,7,9,10 and 11 and additional condition numbered 37 as set out below:-

2. The development hereby permitted shall be carried out in accordance with the following plans and amended plans: Drg no. DY6 9NS-A-02- Topographical Survey, DY6 9NS-A-04 FLOOR PLANS REV B, DY6 9NS-A-03-SITE PLAN-COMPTON DRIVE REV B, DY6 9NS-A-06A-SITE SECTION, TPP - Rev C - Nov 2016 - Tree Shading Diagram, DY6 9NS-A-05-ELEVATIONS REV B, DY6 9NS-A-07-SITE SECTION REV A and Location Plan

6. Details of electric vehicle charging bays with a vehicle charging point, shall be provided in accordance with the Council's standard (Parking Standards SPD) and submitted and approved in writing by the local planning authority. Such details shall include signs and bay markings indicating that bays will be used for parking of electric vehicles only whilst being charged. The electric charging points and bays shall be installed within three months of first occupation and in accordance with the approved details and shall thereafter be maintained for the life of the development.

7. Details of the access(es) into the site, together with parking, turning area(s) and footway [including details of lines, widths, levels, gradients, cross sections, drainage and

DC/82

140 lighting] shall be submitted to and approved in writing by the Local Planning Authority. The access(es) into the site, together with parking and turning area(s) within the site shall be installed within three months of first occupation and laid out in accordance with the approved details. These area(s) shall thereafter be retained and not be used for any other purpose for the life of the development.

9. Prior to the commencement of development, details of secure and covered staff cycle storage and shower facilities shall be submitted to and approved in writing by the Local Planning Authority. These facilities shall be provided in accordance with the approved details within three months of first occupation of the development and shall thereafter be retained and maintained for no other purpose for the life of the development.

10. Prior to the commencement of development, details of secure and covered cycle storage facilities shall be submitted to and approved in writing by the Local Planning Authority. These facilities shall be provided in accordance with the approved details within 3 months of first occupation of the development and shall thereafter be retained and maintained for no other purpose for the life of the development.

DC/83

141 11. Prior to the commencement of development, details of the bin stores shall be submitted to and approved in writing by the Local Planning Authority. The bin stores shall be provided in accordance with the approved details within 3 months of first occupation of the development and shall thereafter be retained and maintained for no other purpose for the life of the development.

37. No development shall commence (excluding demolition, site clearance and initial ground works) until full details of a Tree Replacement Scheme to mitigate for the number, size and quality of trees removed as part of the development. The submitted scheme shall include details of the number, species, size and location of the trees along with planting pit/staking details and a maintenance regime to ensure establishment.

Any trees planted in pursuance of this permission including any planting in replacement for it which is removed, uprooted, severely damaged, destroyed or dies within a period of five years from the date of planting shall be replaced by trees or shrubs of the same size and species and in the same place unless otherwise agreed in writing by the Local Planning Authority.

The meeting ended at 7.30 pm.

CHAIR DC/84

142 Minutes of the Dudley Health and Wellbeing Board

Thursday 8th December, 2016 at 4.00 pm In The Abbey Room, Dudley Archives, Tipton Road, Dudley

Present:

Councillor R Harris (Chair) Dr D Hegarty (Vice-Chair) Councillor P Miller T Oakman (Strategic Director People), D Harkins (Chief Officer Health & Well Being), M Rodgers (Chief Officer Housing), L Murphy (Independent Safeguarding Board Chairperson), P Bradbury (Chair of Health Watch Dudley), J Emery (Health Watch Dudley), Chief Superintendent R Fisher (West Midlands Police), S Ball (West Midlands Fire Service), A Gray (Dudley CVS CEO), K Jackson (Deputy Director of Public Health), N Bucktin (Director of Commissioning – Dudley Clinical Commissioning Group), J Simmonds (Service Manager Strategic Partnerships) and H Shepherd (Democratic Services Officer).

Also in attendance:

M Abuaffan (Dudley MBC Public Health), Clare Evans (Dudley MBC Public Health), Rachel Handley (Dudley MBC Public Health Trainee), Emily Smith (DMBC Public Health Trainee) and Shelley Brooks (Senior Account Manager)

33 Apologies for absence

Apologies for absence from the meeting were submitted on behalf of A Lunt, S Butcher, P Maubach and Matt Bowsher.

34 Declarations of Interest

No Member made a declaration of interest in accordance with the Member’s Code of Conduct.

35 Minutes

Resolved

That the minutes of the meeting of the Board held on 29th September, 2016, be approved as a correct record and signed.

DHWB/23

143

36 Developing and delivering the next Health and Wellbeing Strategy: Collective Commissioning Group

The Board considered a report on the development and delivery of the next Health and Wellbeing Strategy to enable all agencies and organisations to work differently, based on alliances between agencies and communities, with people at the centre.

The Service Manager Strategic Partnerships presented the report and highlighted the key points within the context of the document.

It was stated that as a result of the Health and Wellbeing Development Sessions, it had been collectively identified that all partnerships needed to work differently, with functionalities and processes streamlined.

Reference was made to the Governance and Collaboration diagram within the report submitted which identified the establishment of a Chairs and Lead Officers Group. It was stated that the Group would be responsible for exploring joint working and determining future agenda’s for the Health and Wellbeing Board. The implementation of a single monitoring tool was also referred to and considered to be essential to ensure consistency across the Board and Alliance Groups.

The Chief Officer Housing welcomed a proposed reduction in meetings as he was experiencing difficulties in attending all required meetings and requested that a review of who was empowered to attend meetings be undertaken.

In response to a question raised with regards to the requirement of establishing a Chairs and Lead Officers Group, the Chair stated that the group would ensure all parties were working collaboratively and would drive the Health and Wellbeing Board forward, however it was considered important that the Chair and Vice-Chair of the Health and Wellbeing Board were also invited to attend meetings of the Group.

Arising from a question raised by the Chair of Health Watch with regards to the timescale for implementing the Health and Wellbeing Strategy, further discussions would be held, taking into account any comments received from organisations, at the development session that was scheduled to be held in January, 2017.

The Dudley CVS CEO commented favourably on implementing the proposed arrangements, particularly in relation to the reduction in the number of meetings and the duplication of reports, as it was recognised that some Members were considering the same report a number of times at different meetings.

DHWB/24

144 Members commented positively on the proposed strategy as it provided clear strategic direction for all groups; identified the key functions of the Board and balanced the burden in completing the required work, but with less time and people to achieve positive outcomes.

In referring to the Governance and Collaboration diagram within the report submitted, it was suggested by the Chief Officer Health and Wellbeing that any reference to Place Alliance should be changed to Healthy Place Alliance.

Discussions were had with regards to the importance of data sharing between partner organisations. It was considered that health and social care services had improved their internal data sharing mechanisms, however it was believed that the Multi Agency Safeguarding Hub was the most appropriate mechanism to improve data sharing between partner organisations and that other services, including Housing should be involved with data sharing. Concerns were expressed with regards to the governance around managing data, particularly from external organisations such as West Midlands Police and West Midlands Fire Service. It was considered that services would operate more effectively and efficiently if service priorities were aligned.

Chief Superintendent Fisher commented that a clear definition as to the detail of the information that was required to be shared was necessary to establish what was to be delivered. It was further stated that collaborative working and data sharing within the child MASH service was currently working effectively.

The Deputy Director of Public Health commented that the information sub- group of the JSNA Strategic Group currently included information officer representatives from all partner agencies and was working to map and bring together all key partner data sources for the JSNA process.

The Chair agreed that further discussions in relation to the data that was required to be shared, would be considered at the Development Session in January, 2017, and it was agreed that a facilitator would be appointed to organise the event.

Resolved

(1) That, the information contained in the report and presented at the meeting in relation to the development and delivery of the next Health and Wellbeing Strategy, be noted.

(2) That the name ‘Place Alliance’ be replaced with ‘Healthy Place Alliance’ within the Dudley Health and Wellbeing governance arrangement and Strategy.

(3) That the strategy be discussed further at the Development Session in January, 2017, and a facilitator be appointed to co- ordinate the event.

DHWB/25

145

37 Child and Adolescent Mental Health Services Local Transformation Plan: Needs Assessment of Children and Young People

The Deputy Director of Public Health presented a report on the Child and Adolescent Mental Health Services Local Transformation Plan: needs assessment of children and young people.

Following the presentation of the report a Member raised a query with regards to the accuracy of the figures referred to in the report and questioned why only 195 people had been engaged in the consultation. The Deputy Director of Public Health responded and clarified that the figures represented people that were affected by an issue, across different categories and that further details were identified within the full consultation document. Healthwatch Dudley Officer reiterated this, stating that much broader consultations were represented within the full report. It was stated that the consultation had identified that Dudley’s children were exposed to high risks, affecting their wellbeing, which needed to be addressed at an earlier stage.

The Strategic Director People welcomed the report and commented that work now needed to be undertaken, in conjunction with partners and service providers, to consider how the outcomes from the consultation could be delivered in the context of the Health and Wellbeing Strategy.

In response to a question raised, the Deputy Director of Public Health undertook to provide Members a breakdown of the categories in which the 195 people represented.

All Members, taking into account the implications and recommendations identified in the report submitted, agreed that there was a considerable amount of work required and requested that a further report be presented to the Board in March 2017.

In referring to the risks identified that had a detrimental effect on children’s mental health, the Chief Officer Housing believed that insecure accommodation was also a key factor, particularly moving forward and taking into account the impact of the benefit cap changes and the local housing allowance cap.

It was considered important that Dudley developed a Mental Health Strategy for the whole borough and it was noted that the system wide assessment undertaken and detailed in the report submitted would inform the development of the Strategy, being led by Public Health.

DHWB/26

146 In referring to the Specialist CAMHS services and tier 4 patients, the DSCB Chairperson and the Strategic Director People raised concern in relation to the lack of provisions available within the Borough, which resulted in Dudley’s children being held in hospital beds whilst awaiting a tier 4 bed and then being placed in provisions a distance away from their home. It was recommended that a letter be sent to NHS England, from the Chair, on behalf of the Dudley Health and Wellbeing Board, detailing Dudley’s growing concerns with the lack of available placements for children and young people with complex needs that were able to provide the required level of care.

Resolved

(1) That the report be noted.

(2) A breakdown of representation of the 195 people engaged in the consultation be circulated to Members of the Board.

(3) A letter from the Chair, on behalf of the Dudley Health and Wellbeing Board, detailing Dudley’s growing concerns with the lack of available placements for children and young people with complex needs requiring Specialist CAMHS Services, be sent to NHS England.

38 Director of Public Health Annual Report

A report, together with a detailed presentation, was presented to the Board in relation to the Director of Public Health Annual report, which focused upon Healthy Ageing in Dudley and making Dudley a great place to grow old.

The Public Health Consultant gave the presentation and outlined the contributions older people made to life in Dudley; what was considered important by older people in achieving a healthy life; the five main causes of death for older people and identified the four goals for healthy ageing as being connectedness, age friendly environments, healthy behaviours and high quality services.

The growing concern for older people living in isolation was expressed, particularly with funding to the voluntary sector and community groups being cut. It was noted that work was being undertaken, using the plastic bag levy, to develop a loneliness initiative to address these concerns which would be implemented throughout the healthcare structure. The Vice-Chair commented on a local village that had adopted a ‘tea party’ approach for elderly residents, which was organised by their local GP surgery and had encouraged social movement in that area and agreed to circulate a link in relation to that information for reference to Board Members.

DHWB/27

147 The Strategic Director People commented positively on the presentation and report presented and stated that it was important for the Older People Alliance to discuss with the MCP how the initiative could be shaped and moved forward and to identify a tangible delivery.

The Chair requested that a report on progress made be submitted to the Health and Wellbeing Board in June, 2017 and that a development session be organised after the session scheduled for January, 2017, to consider all aspects of the implementation of the loneliness initiative and the Health and Wellbeing Board’s role.

Resolved

(1) That the information contained in the report and presented at the meeting in relation to the Director of Public Health Annual Report – Healthy Ageing in Dudley, be noted.

(2) That a report on how the initiative has progressed be submitted to the Health and Wellbeing Board in June, 2017 and a development session be organised after January, 2017, to consider all aspects of the implementation of the loneliness initiative.

39 Sustainability and Transformation Plan Report

Dr Hegarty, Dudley Clinical Commissioning Group, presented a report on the Black Country Sustainability and Transformation Plan Strategy (STP) and outlined Dudley’s response and the future impact on services.

In presenting the report, he reiterated the concerns raised previously with regards to loneliness within the community which needed to be addressed and also expressed the need to investigate the delivery of health services to those with mental health problems due to the high volume of resources accessed, but still resulted in those affected dying prematurely.

He stated that there had been a lot of publicity around the development of the STP and referred to the three challenges that the plan was designed to address. It was commented that Dudley had been extensively consulted during the development of the plan, but no organisation to date had agreed to sign up to all aspects.

In referring to moving forward, it was stated that parts of the CCG’s across the STP footprint would need to merge into one clinical commissioning group.

Following the presentation of the report, the Chief Officer Health and Wellbeing commented that Director’s of Public Health met on a regular basis and had discussed the STP process, with the consensus that there were not enough preventatives incorporated into the plan.

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148 Concerns were raised with regards to the lack of consultation with other healthcare cohorts such as pharmacist, community workers and School Health workers in the development of the plan and it was considered important to ensure that the MCP reflects the interests of all parties.

It was suggested that a development session be arranged to debate what the STP meant for Dudley; the future commission arrangements and the subsequent impacts on services and the community, as it was considered that Dudley was in an influential position to help shape the STP.

Resolved

(1) That the information contained in the report and presented at the meeting in relation to the Black Country sustainability and transformation plan, be noted.

(2) That a development session be arranged to enable Board Members to have a full debate on the Black Country Sustainability and Transformation plan.

40 Better Care Fund

A report on the Better Care Fund was submitted to update Board Members on the status and performance of the Better Care plan for 2016/17 and planning for Better Care Fund 2017/19.

The Head of Partnership Commissioning presented the report and stated that the Better Care Fund key performances had not achieved the required target as predicted for the quarter two period. He referred to the implementation of an integrated falls and fracture liaison that was to be operational from the New Year, together with the introduction of a care home telemedicine service, provided by Airedale and it was anticipated that these changes would have a positive impact on the performance attainments in the quarter three period.

It was stated that guidance had now been received with regards to the preparations for 2017-19 Better Care Fund plans. Prior to receipt of the guidance it had originally been the intention to apply for ‘early graduation’, however after further consideration of the concept, the benefits of applying for this exception were not clear and it was requested that the second recommendation included in the report submitted, be amended to not apply for early graduation at this stage.

The Chief Officer Housing reiterated his comments with regards to the impact that poor and unsuitable housing had on the community and emphasised the importance of the health service and housing communicating, with the hope that this could be discussed further at the development session in January, 2017, to ensure that housing adaptability grants were being used effectively.

DHWB/29

149 The Chair expressed her concern with regards to the poor forecast budget due to the underperformance in some areas and hoped to see improvements in quarter three.

Resolved

That the information contained in the report and presented at the meeting in relation to the current performance and mitigating action in Better Care Fund, be noted.

41 Dudley Safeguarding Adults Board Annual Report 2015/16 and the Deprivation Liberty Safeguards

A report was considered by the Board in relation to the Dudley Safeguarding Adults Board Annual Report 2015/16 and the deprivation of Liberty Safeguards.

The Independent Safeguarding Board Chairperson presented the Dudley Safeguarding Adults Board Annual report and highlighted the key issues, in particularly confirming that neglect and financial abuse were the highest incidents of abuse reported during 2015/16.

She referred to two Adult Safeguarding reviews that had been undertaken, both of which had involved adults who had died as a result of choking, which had flagged up the need for additional awareness of this issue. Another review had identified issues in relation to fire and safety issues.

She referred to the work that had been undertaken by the Dudley Safe and Sound Partnership in relation to domestic abuse, Crime Prevention, Door Stop Crime and Modern Day Slavery and commented that the Safeguarding Board continued to work closely with Healthwatch Dudley and service users.

The Board commented positively on the information contained in the report and endorsed the priorities outlined. It was requested that a progress report on deprivation of liberty safeguards be submitted to a future meeting of the Board and the Independent Safeguarding Board Chair agreed to explore how this information could be best provided.

Resolved

(1) That the information contained in the report in relation to Dudley’s Safeguarding Adult Board’s Annual Report 2015/16, be noted.

(2) That the Dudley Safeguarding Adult’s Board Chair in conjunction with Chief Officers, give consideration as to how information on the deprivation of liberty safeguards can be provided.

DHWB/30

150

42 Information Only - A Vision Strategy for the Dudley Borough – Creating Pathways and jointed-up services Healthwatch

A report on behalf of Healthwatch Dudley and Beacon Centre for the Blind was submitted on the Vision Strategy for the Dudley Borough, together with presentation slides, which were circulated to Board Members at the meeting.

The reasons as to why a vision strategy was required were outlined, together with the most popular causes of sight loss. The actions and activities that were currently in operation to encourage prevention and early diagnosis and the next steps were also referred to.

Board Members commented positively on the information that was presented and it was suggested that to promote awareness of the strategy, it be submitted to one of the appropriate alliance group meetings, to be coordinated by the Deputy Director of Public Health.

Resolved

(1) That the information contained in the report and presented at the meeting, be noted.

(2) That the Vision Strategy be included on the agenda for the appropriate Alliance, to be coordinated by Deputy Director of Public Health.

43 Board Review

The Chair gave an overview of the comments and resolutions agreed by the Board as follows:-

• That comments raised at the meeting in relation to the Health and Wellbeing Strategy, together with any received on behalf of partner organisations, be taken into consideration and discussed further at the Development Session scheduled to be held in January, 2017, and coordinated by a facilitator.

• That the concerns raised in relation to the lack of specialist CAMHS services be noted and a letter from the Chair, on behalf of the Dudley Health and Wellbeing Board, expressing Dudley’s growing concerns with the lack of available placements for children and young people with complex needs, be sent to NHS England.

• Comments raised with regards to healthy ageing in Dudley be noted and that a further report on how the initiative has progressed be submitted to the Health and Wellbeing Board in June, 2017, and that a development session to consider all aspects of the loneliness initiative be arranged.

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151 • Any further comments on the Black Country Sustainability and Transformation Plan to be submitted direct to Dr Hegarty.

• The reports in respect of the Better Care Fund and Dudley’s Safeguarding Adults Board Annual Report, be received and noted.

The meeting ended at 6.25 pm

CHAIR

DHWB/32

152 Minutes of the Licensing Sub-Committee 1

Tuesday 22nd November, 2016 at 10.05 am in the Council Chamber, The Council House, Dudley

Present:-

Councillor K Finch (Chair) Councillors J Baines and P Miller

Officers:-

R Clark (Solicitor – Chief Executive’s Directorate), L Rouse (Senior Licensing Clerk – Place Directorate) and K Taylor (Democratic Services Officer – Chief Executive’s Directorate).

15. Declarations of Interest

No Member made a declaration of interest in accordance with the Members’ Code of Conduct.

16. Minutes

Resolved

That the minutes of the meeting of the Sub-Committee held on 18th October, 2016, be approved as a correct record and signed.

17. Change in Order of Business

Resolved

That the remaining items of business be considered in the following order, agenda item nos 6, 7 and 5.

18. Application for a Licensed Premises Gaming Machine Permit – The Loyal Lodge Hotel, Furnace Hill, Halesowen

A report of the Strategic Director Place was submitted on an application for a Licensed Premises Gaming Machine Permit for two Category C machines and one Category D machine in respect of the premises known as The Loyal Lodge Hotel, Furnace Hill, Halesowen.

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153 The following persons attended the meeting in respect of this application:-

Mr A Kelly – Accounts Manager – The Loyal Lodge Hotel Mr C Hudson – General Manager – The Loyal Lodge Hotel

Following introductions, the Licensing Clerk presented the report on behalf of the Council.

Mr Kelly responded to queries from Members and in doing so confirmed that the purpose of the application was to promote a family establishment and that all gaming machines were within the view of members of staff.

Resolved

That, following consideration of the information contained in the report submitted, the grant of a Licensed Premises Gaming Machine Permit for two Category C machines and one Category D machine in respect of the premises known as The Loyal Lodge Hotel, Furnace Hill, Halesowen, be approved.

19. Application for a Licensed Premises Gaming Machine Permit – The Hungry Horse, Castle View, Castlegate

A report of the Strategic Director Place was submitted on an application for a Licensed Premises Gaming Machine Permit for three Category C machines and one Category D machine in respect of the premises known as The Hungry Horse, Castle View, Castlegate.

The following persons attended the meeting in respect of this application:-

Mr P Robson – John Gaint & Partners Solicitors Mr G Collins – Manager – The Hungry Horse

Following introductions, the Licensing Clerk presented the report on behalf of the Council.

Mr Robson responded to queries from Members and in doing so confirmed that the premises were currently under development and would be opened in December, 2016. He referred to the number of sites that operated gaming machines with no issues, and confirmed that the premises would operate in accordance with the Gambling Policy. Mr Collins further confirmed that a large number of Dudley residents had been employed, together with apprentices from the Government scheme.

Resolved

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154 That, following consideration of the information contained in the report submitted, the grant of a Licensed Premises Gaming Machine Permit for three Category C machines and one Category D machine in respect of the premises known as The Hungry Horse, Castle View, Castlegate, be approved.

20. Application for Review of Premises Licence – European Food Express, 202 High Street, Dudley

A report of the Strategic Director Place was submitted on an application for a review of the premises licence in respect of European Food Express, 202 High Street, Dudley.

The following persons attended the meeting in respect of this application:-

K Maan – Trading Standards D McNulty – Public Health K Turley – West Midlands Police

It was noted that Mr S Mashkhaty, Premises Licence Holder and Designated Premises Supervisor, was not in attendance at the meeting and notification of his non-attendance had not been received. It was further noted that the matter was considered on 18th October, 2016 where the Sub-Committee resolved, at the request of Mr Mashkhaty, that the matter be deferred to the next meeting of the Sub-Committee.

Having decided to hear the matter in the absence of Mr Mashkhaty, the Licensing Clerk presented the report on behalf of the Council.

Mr Maan then presented the facts of the case relating to the prevention of crime and disorder under the Licensing Act 2003, and outlined the reasons that had resulted in the application being made for a review of the premises licence.

It was explained that on 17th August, 2016, following an inspection of the premises, 37,480 illicit and counterfeit cigarettes and 58 packs of illicit tobacco were seized from the premises, which was contrary to Section 146(1) of the Licensing Act 2003 and in direct contravention of the licensing objectives.

It was noted that during the inspection on 17th August, 2016, Mr N Asakzai was in attendance and claimed to be the manager of the business, and it was later confirmed that he was the owner and Premises Licence Holder until June, 2016. He was also the owner and Premises Licence Holder at another premises located opposite European Food Express.

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155 The Sub-Committee were informed that on 18th March, 2015, Trading Standards inspected Mr Asakzai’s second premises and seized 1,160 illicit and counterfeit cigarettes and 20 packs of counterfeit tobacco. Mr Asakzai was issued with a caution.

Details were provided on the seized products during the inspection at European Food Express in August, 2016, and it was confirmed that the cigarettes had no duty paid on them and branded products were found to be counterfeit. The estimated tax evasion from the products was £10,705.22, and it was noted that this premises was the single largest seizure of illegal cigarettes and tobacco products in the Dudley Borough in the last 5 years.

Mr Maan further reported that since the writing of the report submitted, there had been 5 separate intelligence reports alleging that illegal tobacco and cigarettes were still being sold at the premises, and that he had witnessed a sale of illicit products on 15th November, 2016.

In concluding, it was suggested that if the Sub-Committee was minded not to suspend or revoke the premises licence that consideration be given to imposing conditions to the licence.

D McNulty commented on the impact on health as a consequence of illicit tobacco and cigarettes consumption and it was considered that the sale of counterfeit products was a serious matter. Any actions to prevent any further sales were entirely supported.

K Turley then presented the representations of West Midlands Police and in doing so informed the Sub-Committee that the Neighbourhood Team had no concerns regarding the premises, however, it was reported that Mr Mashkhaty had been involved in three separate calls of service from West Midlands Police, however, this did not result in Mr Mashkhaty receiving criminal convictions. She further supported the recommendations submitted by Trading Standards.

Concerns were raised by Members in that the review submitted by Trading Standards was in relation to the sale of illicit and counterfeit cigarettes and tobacco and any steps taken by the Sub-Committee would affect the alcohol sales only, given that tobacco sales was not within the remit of the Committee.

Mr Maan reported that although the HMRC were not currently investigating the matter, should Mr Mashkhaty continue to sell counterfeit products then this could result in a criminal prosecution, given that this was the single largest seizure of illegal cigarettes and tobacco products in the Dudley Borough in the last 5 years.

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156 In responding to Members concerns, Mr Maan stated that should the Sub- Committee be minded to take any steps on the premises licence, he anticipated this would reduce vulnerable customers entering the shop. He also reported that upon viewing CCTV footage, he observed a number of sales to persons clearly under the age of 25, and there was no evidence that identity was requested.

The parties withdrew from the meeting to enable the Sub-Committee to determine the application.

The Sub-Committee having made their decision invited the parties to return and the Chair outlined the decision.

Resolved

That, following consideration of the information contained in the report submitted and presented at the meeting, the premises licence in respect of European Food Express, 202 High Street, Dudley, be revoked.

Reasons for Decision

This is an application for the review of a premises license, brought by Dudley trading standards, as the result of an inspection of the premises, conducted on 17th August, 2016.

Mr. S. Mashkhaty is the current premises license holder, having had this transferred from Mr. Najibullah Asakzai in June, 2016. He is also the designated premises supervisor.

The inspection on 17th August, 2016 was conducted as a result of intelligence that tobacco and cigarettes were being sold from the premises, some of which might have evaded duty and some of which might be counterfeit.

On 17th August, Mr. Asakzai was present and held himself out as the manager of the business. Officers found 1,874 packs of cigarettes and 58 packs of tobacco hidden in the premises, in places such as a filing cabinet and a working freezer and under the meat counter. Some were found upstairs. Subsequent investigation found a number of the cigarettes had no duty paid on them, and some were found to be counterfeit. Most of the packets did not contain UK Health warnings. This accorded with the intelligence received.

The Sub-Committee was informed that Mr. Asakzai was the owner of premises at 55 High Street, Dudley, and on 18th March 2016 officers found 1,160 cigarettes and 20 pouches of tobacco on those premises. These turned out to be counterfeit and Mr. Asakzai was issued a caution.

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157 The matter came before the Sub-Committee on 18th October, 2016. The matter was adjourned due to Mr. S. Mashkhaty attending alone, and the Sub-Committee not being satisfied that he had sufficient grasp of English to conduct the review. He requested an adjournment to obtain help understanding the nature of the review and possible representation. This adjournment was granted, and the review listed for today. Mr. Mashkhaty did not attend today and the licensing authority had received no communication from him or a representative.

Subsequent to the review application, there have been a further 5 reports of the sale of “illicit” tobacco from the premises.

On 26th October, 2016 a test purchase was conducted at the premises and Mr. Najibullah Asakzai sold a packet of tobacco for £3 which, if genuine, should have retailed for £15-16.

On 15th November, 2016 at 12.54pm, Mr Kuldeep Maan, Senior Trading Standards Officer observed, in his professional capacity, a sale of illicit cigarettes from the premises.

On the inspection day, CCTV was seized from the premises, and Mr. Maan had observed many sales to persons clearly under the age of 25 and many under 18, and there was no evidence that identity was ever requested. He is concerned that the premises licence drew more customers into the store, and that revocation would, amongst other things, reduce vulnerable customers entering the shop.

The Sub-Committee accepts that this review has been brought on the ground that the licensing objective of the prevention of crime and disorder has been breached at these premises. There has been significant evasion of tax and products have been sold without safety warnings and the products themselves, being counterfeit, may not have been safe for sale. Further, the Sub-Committee has heard evidence from CCTV that sales are being made without inspection of identification and to persons under the age of 18. This gives the Sub-Committee very significant concern that the Premises License Holder and Designated Premises Supervisor and business manager are not running their business with regard to the safety of young persons, health and safety generally or the criminal law. Such disregard for these issues relates directly to the way that they are likely to manage their business under the premises licence itself. Further, despite the review being brought on 23rd August 2016, sales have continued from the shop. The Premises License Holder, Designated Premises Supervisor and manager have clearly not altered their management practice since the review was brought, and they have not attended committee today, despite good notice being given.

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158 The Sub-Committee therefore takes the step of revoking the premises license today.

The meeting ended at 11.25 am

CHAIR

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159 Minutes of the Licensing Sub-Committee 1

Tuesday 3rd January, 2017 at 10.00 am in the Council Chamber, The Council House, Dudley

Present:-

Councillor K Finch (Chair) Councillors J Baines and P Miller

Officers:-

R Clark (Solicitor – Chief Executive’s Directorate), L Rouse (Senior Licensing Clerk – Place Directorate) and H Shepherd (Democratic Services Officer – Chief Executive’s Directorate).

21 Declarations of Interest

No Member made a declaration of interest in accordance with the Members’ Code of Conduct.

22 Minutes

Resolved

That the minutes of the meeting of the Sub-Committee held on 22nd November, 2016, be approved as a correct record and signed.

23 Application for Review of a Premises Licence – Enville Street News, 123 Enville Street, Stourbridge

A report of the Strategic Director Place was submitted on an application for the review of the premises licence in respect of Enville Street News, 123 Enville Street, Stourbridge.

The following persons were in attendance at the meeting in respect of this application:-

A Rasheed – Owner D Bedwood – Premises Licence Holder G Wintrip – Trading Standards D McNulty – Public Health

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160 K Turley – West Midlands Police K Mullings – Licensing Clerk B Hughes – Licensing & Enforcement P Holder – Enforcement Officer

Following introductions, the Licensing Clerk presented the report on behalf of the Council and advised the Sub-Committee that the premises licence had recently been transferred to D Bedwood.

G Wintrip then presented the grounds for the review relating to the prevention of crime and disorder and the protection of children from harm under the Licensing Act 2003, following incidents that had occurred at the premises prior to the transfer of the premises licence to D Bedwood in December, 2016.

It was explained that on 30th September, 2016, two male child test purchasers were sold alcohol, namely, 4 cans of Carlsberg Lager from the premises, which was contrary to Section 146(1) of the Licensing Act 2003 and in direct contravention of the licensing objectives. It was stated that at the time of the incident, Mrs Zahban was the Premises Licence Holder and Mrs R Kosar was the Designated Premises Supervisor.

G Wintrip then referred to a previous application made by Trading Standards on 4th March, 2016 requesting a review of the premises licence following the seizure of illegal tobacco and illicit alcohol from the premises. It was stated that at the time of this incident Mr M Abbas was the Premises Licence Holder and Designated Premises Supervisor. The Sub- Committee were informed that prior to the review being heard on 26th April, 2016, the Premises Licence was transferred to Mrs Zahban.

At the review hearing on 26th April, 2016, Mrs Zahban assured the Sub- Committee that the previous Premises Licence Holder and Designated Premises Supervisor, Mr Abbas, would have no further involvement in the business.

In referring to the incident on 30th September, 2016, the Sub-Committee were informed that the sale of alcohol to the two child test purchasers had been made by Mr Abbas, former Premises Licence Holder and Designated Premises Supervisor. It was commented that there was no ‘Challenge 25’ posters displayed at the premises, although there were some other age restriction literature viewable and a Refusals Register was unable to be produced upon request.

In concluding, G Wintrip stated that due to the numerous conditions already attached to the Premises Licence, as a result of the review on 26th April, 2016, there were no further appropriate conditions that could be implied and recommended that the Premises Licence be revoked.

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161 D McNaulty then made representations on behalf of the Office of Public Health as a Responsible Authority and outlined the impact on the health of adolescents as a consequence of alcohol consumption. It was considered that the sale of alcohol to young people was a serious matter and any actions to prevent further sales of alcohol to young people, on the grounds of protecting children from harm, would be entirely supported.

K Turley then presented the representations of West Midlands Police and in doing so informed the Sub-Committee that the Neighbourhood Team had no concerns regarding the premises, however, it was considered that the sale of alcohol to a child was in direct contravention of the licensing objectives and was of great concern and would fully support the recommendation to revoke the Premises Licence.

K Mullings presented the representation on behalf of the Dudley Licensing Authority and commented that they fully supported the review and referred to previous concerns, compliance issues and poor management of the premises.

K Mullings reported that the premises was visited on 29th November, 2016 and Officers were informed that the business had been taken over by A Rasheed on 11th November, 2016, who was on-site at that time. Officers noted that the blue review notice that had been fixed on 8th November, 2016 was still in place on the premises door, however, a large amount of alcohol was still on display for retail sale. It was noted that A Rasheed had not transferred the licence on taking over the business and had no knowledge of the requirement to have a personal licence holder as a Designated Premises Supervisor, but advised that D Bedwood had taken a personal licence course and awaited his licence to be issued. Officers advised A Rasheed that his business was operating unlawfully as it was unlicensed and had been since taking over. Officers outlined the two offences committed by A Rasheed, who was advised to seek a transfer of licence and to remove alcohol from display.

The Sub-Committee was informed that A Rasheed was directed to the blue notice displayed and informed of the forthcoming review hearing which he had no knowledge of. He was also advised that if the licence was transferred it would contain all of the previous conditions imposed, which would need to be adhered to.

It was reiterated that the Premises Licence was transferred to D Bedwood with effect from 30th December, 2016, but no application to transfer the Designated Premises Licence had been submitted, therefore alcohol could not continue to be sold. Officers were concerned that if a visit had not been conducted on 29th November, 2016, the new management would not have made any effort to transfer the licence and would continue to sell alcohol unlawfully.

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162 D Bedwood then presented his case, but raised concern that all the information referred to was in relation to the previous owners and licence holders, none of which had any further association with the business. He acknowledged that he and A Rasheed did not have a full understanding of how the business operated, but had been advised by the previous owners that they could continue to sell alcohol, as Mrs Koser remained as the Designated Premises Supervisor.

D Bedwood informed the Sub-Committee that he also worked in a local supermarket and had experience of selling age restricted products and assured Members that he would ensure that no underage sales would be made while he was the Premises Licence Holder and Designated Premises Supervisor. It was also stated that new CCTV equipment had been installed on the premises; that alcohol was no longer being sold on the premises and that all requests made by Dudley Licensing Authority were being complied with.

In responding to a question raised by the Chair, A Rasheed confirmed that he had not undertaken any research prior to taking over the business and had taken the previous owners word that the business was all ok. He also commented that at the time of purchasing this business he was not aware of the forthcoming review hearing.

D Bedwood commented that since alcohol had not been sold at the premises, the business had lost a lot of custom, but assured Members that no underage sales had been made.

In response to a further question raised, D Bedwood confirmed that he had undertaken a personal licence course and again reiterated that he had not been aware at the time of the correct procedures that were required with regards to obtaining the necessary licences.

Arising from a question raised by a Member, B Hughes confirmed that there had been no incidents reported since D Bedwood had been premises licence holder, however, alcohol was unable to be sold currently, but expressed his concern with regards to the capability of D Bedwood and A Rasheed.

B Hughes, in response to a concern raised, clarified that it was the Premises Licence Holder’s responsibility to contact the existing Designated Premises Supervisor to advise of the change.

D Bedwood reassured Members that he would be a competent and responsible Premises Licence Holder and Designated Premises Supervisor and would take on full responsibility. He agreed with all comments made and stated that A Rasheed had rushed into buying the business and had been foolish not to do his research in advance and would not have taken over the business if he had been aware of the imminent review and issues with the premises licence.

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163 Arising from a question raised, A Rasheed confirmed that he had no relationship or contact with the previous owners, other than to pay his premises rent.

Members expressed their concern with regards to the lack of business knowledge held by D Bedwood and Mr Rasheed.

Arising from a question raised, D Bedwood confirmed that he would be the Designated Premises Supervisor once he had received his Premises Licence, and would undertake training of all other staff. K Mullings confirmed that the premises licence had been issued on 15th December, 2016.

In referring to the twenty conditions that were applied to the licence, D Bedwood confirmed that he had not seen the conditions but would have no objections. The Chair asked if D Bedwood and A Rasheed would like the meeting to be adjourned so that they had opportunity to review the conditions, however both agreed that they were happy to proceed.

Following a request the Refusal Register was circulated to the Sub- Committee.

Following final submissions, the parties withdrew from the meeting to enable the Sub-Committee to determine the application.

The Sub-Committee having made their decision, invited the parties to return and the Chair outlined the decision.

Resolved

That, following consideration of the information contained in the report submitted and presented at the meeting, no further action be taken to the premises licence in respect of Enville Street News, 123 Enville Street, Stourbridge.

Reasons for Decision

This is an application brought by Trading Standards in respect of Enville Street News, 123 Enville Street, Stourbridge. The review is brought as a result of two male test purchasers being sold four cans of lager on 30th September, 2016, by Mr Mazar Abbas.

The premises were represented by the owner of the business namely Mr Rasheed and Mr Bedwood.

Mr Abbas did not ask the identity or age of the test purchasers, and was issued with a Fixed Penalty Notice. Mr Abbas was the previous Premises Licence Holder and Designated Premises Supervisor.

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164 Previously, the premises licence had been reviewed on 26th April, 2016. The Designated Premises Supervisor at that time was Mrs Zahban and the Premises Licence Holder was Mr Abbas. Mrs Zahban was removed as the Designated Premises Supervisor at that review and twenty conditions imposed. From 3rd June, 2016, Mrs Zahban was no longer the Designated Premises Supervisor. A new Designated Premises Supervisor, Mrs Koser, was not appointed until August, 2016. It appears that between 3rd June, 2016 and August 2016, the premises had no Designated Premises Supervisor.

On 5th October, 2016, Trading Standards made a visit to the premises and Mr F Khan, the brother of the Premises Licence Holder was serving in the store.

Mr Rasheed owned the business from 11th November, 2016. He gave evidence today that the previous personnel had no part to play in the current new business. Mr Bedwood has undertaken a course to become a personal licence holder/ Designated Premises Supervisor.

The premises licence transfer application was granted on 15th December, 2016 to Mr Bedworth after an application on 30th November, 2016. From 11th November, 2016 to 29th November, 2016, alcohol was sold from the premises, without there being a valid premises licence in place and Mr Bedwood accepted this and also that he had not notified the previous Designated Premises Supervisor that she was no longer to be the Designated Premises Supervisor. However, he stated that no alcohol had been sold from the premise since the visit by Licensing Officers on 29th November, 2016.

Mr D Bedwood was clear that he was to be the Designated Premises Supervisor, he had not yet received his certificate and therefore had not yet applied to become the Designated Premises Supervisor.

The Sub-Committee was very unimpressed by the way in which Mr Rasheed had approached the purchase of this business. He has admitted not seeing the premises licence or its conditions in advance of the purchase. He did not know of the requirement to have the premises licence transferred or to have a Designated Premises Supervisor appointed before the sale of alcohol could take place. As a result, alcohol was sold unlawfully from his business between 11th November, 2016 and 29th November, 2016. He may be prosecuted for this.

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165 Both Mr Rasheed and Mr Bedwood have demonstrated an almost total ignorance of the legal and procedural steps required to sell alcohol. They have however ceased to sell alcohol since becoming aware of this. They have committed themselves today to not retail alcohol until the application by Mr Bedwood to become Designated Premises Supervisor has been made and granted. They have also committed themselves to comply with the twenty conditions imposed on the premises license from the point of sale.

On this basis, despite considerable concern about the joint level of ignorance, the Sub-Committee accepts that the previous concerns relating to these premises do not relate to these two men. The Sub- Committee takes no steps today in respect of the premises licence, but asks the licensing authority and trading standards to monitor these premises very carefully since further assertions that the procedure and law has not been understood is unlikely to be acceptable upon any further review.

24 Application for Review of a Premises Licence – Wall Heath Wine Lodge (AKA 1st Stop), 16A Albion Parade, Enville Road, Wall Heath

It was noted that this application had been deferred prior to the meeting.

The meeting ended at 11.40 am

CHAIR

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166 Minutes of the Licensing Sub-Committee 1

Tuesday 7th February, 2017 at 10.00 am in the Council Chamber, The Council House, Dudley

Present:-

Councillor K Finch (Chair) Councillors M Evans and E Taylor

Officers:-

R Clark (Legal Advisor - Solicitor – Chief Executive’s Directorate), B Hughes (Assistant Team Manager - Licensing and Enforcement – Place Directorate) and K Taylor (Democratic Services Officer – Chief Executive’s Directorate).

25 Apologies for Absence

Apologies for absence from the meeting were received on behalf of Councillors J Baines and P Miller.

26 Appointment of Substitute Members

It was reported that Councillors E Taylor and M Evans had been appointed as substitute Members for Councillors J Baines and P Miller, respectively, for this meeting of the Sub-Committee only.

27 Declarations of Interest

No Member made a declaration of interest in accordance with the Members’ Code of Conduct.

28 Minutes

Resolved

That the minutes of the meeting of the Sub-Committee held on 3rd January, 2017, be approved as a correct record and signed.

29 Application for Grant of a New Premises Licence – Best Price Mini Supermarket, 4 Bush Road, Netherton, Dudley

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167 A report of the Strategic Director Place was submitted on an application for the grant of a new premises licence in respect of the premises known as Best Price Supermarket, 4 Bush Road, Netherton.

The following persons were in attendance at the meeting in respect of this application:-

Mr S A Majidi – Applicant Ms E Williams – Supporter Councillor B Cotterill – Objector

Following introductions by the Chair, the Assistant Team Manager – Licensing and Enforcement presented the report on behalf of the Council. It was noted that an objection had been received from a Ward Councillor and a petition submitted by local residents.

Mr Majidi and Ms Williams then presented the case, and in doing so referred to the petition and objections submitted in particular that they did not believe that another store would magnify the existing issues of litter and parking. At this juncture, the Legal Advisor read out a letter by the previous owner of the premises in support of the application.

Mr Majidi confirmed that he had purchased the premises in 2016, and there was reasonable car parking in front of the store for 3-4 cars, and that it was only a small store therefore car parking would not be a concern. He also confirmed that alcohol would be stored behind the counter.

In responding to questions raised, Ms Williams confirmed that Mr Majidi had significantly improved the condition of the premises, which would make the area more attractive generally, and that CCTV was installed on the premises. It was also noted that training in respect of age restricted products would be given to all employees.

Councillor Cotterill then presented his representations, and in doing so expressed concern over the number of ‘off-licences’ within walking distance in an area that was already subjected to anti-social behaviour, and suggested a reduction in the opening hours sought.

In responding to comments made, Mr Majidi stated that additional stores were needed to accommodate the increasing population and demand. He also referred to his experience of being a taxi driver and was confident in dealing with irate customers and assured the Sub-Committee that he was confident in managing the premises effectively.

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168 At this juncture, the Legal Advisor referred to the operating schedule submitted by Mr Majidi, in particular that they were not clear and if the application was approved, the Sub-Committee might be minded to attach conditions to the new premises license that addressed the issues in the operating schedule, but with greater clarity and purpose. Following a discussion, Mr Majidi confirmed that he was in agreement of the proposed conditions, as well as the proposed additional two conditions in regard of external lighting and posters displayed requesting customers to respect local residents and leave the premises quietly.

In responding to a question in relation to the anti social behaviour within the vicinity of the premises, it was reported that Mr Majidi would work together with the community and that it would not be in his interest to exacerbate the anti social behaviour as he was also a local resident. It was further reported that the premises currently sold general produce only.

Following final submissions, the parties withdrew from the meeting to enable the Sub-Committee to determine the application.

The Sub-Committee having made their decision, invited the parties to return and the Legal Advisor outlined the decision. It was noted that the applicants did not return, however, they would be informed of the decision in writing.

Resolved

That, following consideration of the information contained in the report submitted and presented at the meeting, the application for a premises licence in respect of Best Price Mini Supermarket, 4 Bush Road, Netherton, be approved in the following terms:-

Supply of Alcohol:-

Monday – Sunday 07.00 until 21.00

Reasons for Decision

This is an application by Mr. Sayed Ahmed Majidi, dated 13th December, 2016, for a premises license to permit the sale of alcohol from his supermarket in Netherton. Specifically he seeks permission to sell alcohol seven days a week between the hours of 6am and 11pm. These are the hours the supermarket is open to the public. Mr Majidi attended today, supported by his sister-in-law.

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169 Mr. Majidi stated that he has reasonable car parking in front of his store for 3-4 cars, and that it was only a small store and so car parking would not be a concern. He stated that he had significantly improved the condition of the premises, and that it would make the area more attractive generally. The population of the estate had increased to generate demand.

He proposed that Judy Majidi, his wife, who holds a personal license issued by Birmingham City Council, will be the Designated Premises Supervisor.

In his application Mr. Majidi states that he will install CCTV in the premises, ensure that all staff are fully trained and operate a “challenge 25 policy”.

There have been no representations from any responsible authority to the application, but there has been one representation by a local ward councillor, who expresses concern that (i) the opening hours for the store are “excessive” and that (ii) alcohol is “the major reason” for crime on the Saltwells estate. Councillor Cotterill attended today and stated that alcohol was a significant concern, if not the major concern. There has also been a petition from local residents objecting to the sale of alcohol on the estate, with some 150 signatures. Their major concern is that the area is an area where young persons meet and it is an area known for anti social behaviour. The Sub-Committee is therefore concerned about the length of the hours sought for the sale of alcohol, given that this shop is in an estate, with a history of anti social behaviour. The Sub- Committee therefore grants the licence but for the hours between 7am and 9pm rather than the hours of 6am to 11pm.

The conditions proposed in the operating schedule to the application are not clear and certain and so in discussion and agreement with the applicant today, the Sub-Committee attaches the following conditions to the new premises license. These conditions cover the issues of CCTV, challenge 25, under age sales and training of staff addressed in the operating schedule, but with greater clarity and purpose:-

1. A written Proof of Age Policy (Challenge 25) is to be put in force, which all staff authorised to sell alcohol will be trained in and adhere to. Valid proof of identification will only include passport, photographic driving licence or a Proof of Age standards Scheme (PASS) proof of age card such as Citizen card. No other form of identification shall be accepted.

2. A4 notices to be displayed on the door to the premises and near the point of sale stating that it is an offence to buy alcohol for persons under the age of 18.

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170 3. A Register of Refusals of Sale of Alcohol which indicates the date, time and reason for refusal will be operated and maintained at the premises. The Premises Licence Holder shall review the book once a week ensuring it is completed and up- to-date. The Premises Licence Holder will sign the book each time it is checked. This book shall be made available for inspection by an officer of any responsible authority.

4. CCTV to be in place at the premises and to be recording at all times when the premises are open for licensable activity, to the specifications of the West Midlands Police Crime Reduction Officer so that the alcohol display area and the point of sale area can be viewed. All images are to be recorded and kept for a minimum of 28 days and made available to any responsible authority upon request immediately, and all staff are to be trained and able to operate and download CCTV. The hard drive is to be locked but readily accessible to staff.

5. The Premises Licence Holder will take proportionate steps to review the premises CCTV on a weekly basis in order to identify persons under the age of 18 who are attempting to buy alcohol or persons over the age of 18 buying on their behalf. A record of these checks shall be maintained and be available for inspection upon request by an officer of any responsible authority.

6. All persons engaged to sell alcohol must complete a training programme, which includes a written test to verify the competency of that person prior to them being authorised to sell alcohol.

7. The premises licence holder shall ensure that monthly reviews are conducted with any persons authorised to sell alcohol in order to reinforce training, promote best practice and policy. The monthly reviews will be recorded in writing.

8. A file shall be maintained at the premises for each person authorised to sell alcohol (with proof of identity which will be a copy of passport and/or driving licence). This file shall contain all training records for each person along with copies of monthly reviews as stated in point 7. This file shall be made available for inspection by any officer from a responsible authority upon request.

9. Any person who is suspected of purchasing alcohol for any person under age, shall be refused service.

In addition the further conditions proposed in the operating schedule shall also be attached in the following form:-

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171 10. External lighting will be fixed to the premises to light the entrances and exits and the shop front.

11. Posters will be put up on the exits to the premises asking all customers to leave the premises quietly and respect the local residents.

30 Application for Grant of a New Premises Licence – Co-Operative Food, Car Park of the Ashwood Inn Public House, 2 Sandringham Place, Wordsley

A report of the Strategic Director Place was submitted on an application for the grant of a premises licence in respect of the premises known as Co- Operative Food, Car Park of the Ashwood Inn Public House, 2 Sandringham Place, Wordsley

The following persons were in attendance at the meeting in respect of this application:-

Mr R Arnott – Solicitor, Co-Operative Food Mr R Riskell - Acting Area Manager, Co-Operative food

Following introductions, it was reported that a request to adjourn the hearing had been made by the objecting Ward Councillors, as they were unable to attend the hearing today. In responding, Mr Arnott objected to the request and referred to Regulation 4 of the Hearings Regulations that hearings must take place within 20 days. He referred to the written representations, in particular to the health implications and the number of retailers of alcohol in the area, and that the issues were not relevant criteria under the Licensing Act 2005. Following further discussion, the Sub- Committee agreed to hear the matter in the absence of the Ward Councillors.

The Assistant Manager – Licensing and Enforcement then presented the report on behalf of the Council, and it was noted that additional information including information on training provided and a proposed site plan was circulated to members prior to the hearing.

Mr Arnott then presented the case, and in doing so confirmed that the premises was due to open in 2018, and although the premises would sell age restricted products, 85% of stock would be general food. He provided background of the company, in that it operated a number of premises and that area risk managers were employed to ensure that policies and procedures were adhered to.

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172 Mr Arnott further outlined the extensive training provided to employees, including a four hour induction programme involving a written exam, a buddy system and a ‘lock-down’ process which restricted employees selling age restricted products until a manager was fully satisfied of their competence. It was reported that sufficient CCTV would be installed at the premises together with till prompts when age restricted products were scanned and an electronic refusals register. Once cashiers logged on to their register a message would be prompted to seek confirmation from the employee that they understood their responsibilities, under the Challenge 25 policy.

It was noted that 1% of Co-operative branded products would be donated to a local charity, voted by the community.

Mr Arnott stated that there had not been any representations made by any responsible authority, and referred to the representations submitted by the ward councillors including referencing a report that the new store could be a “crime generator”. He commented that the report related to the use of cash machines and not of the store in its entirety and was therefore misleading, and although appreciated the comments made, they were not relevant considerations under the Licensing Act 2005.

In responding to a question in relation to policies in regard of selling age restricted products to customers that were identified as substance users, Mr Arnott confirmed that if employees were notified of any problems, then they would not sell alcohol to the customers.

He also referred to the comments made by a member regarding anti-social behaviour, in particular, that he considered that the use of CCTV and security staff would deter youths from loitering within the vicinity of the premises, and he believed the premises would become a community asset.

The parties withdrew from the meeting to enable the Sub-Committee to determine the application.

The Sub-Committee having made their decision, invited the parties to return and the Legal Advisor outlined the decision.

Resolved

That, following consideration of the information contained in the report submitted and presented at the meeting, the application for a premises licence in respect of Co-Operative Food, Car Park of the Ashwood Inn Public House, 2 Sandringham Place, Wordsley, be approved in the following terms:-

Supply of Alcohol:-

Monday to Sunday 07:00 until 23:00

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173 Reasons for Decision

This is an application by Co-operative Group Food Ltd dated 15th December, 2016, for a premises license to sell alcohol from a new build supermarket in the car park of the Ashwood Public House in Wordsley. The application is for permission to sell alcohol between the hours of 7am and 11pm seven days a week. These are the hours during which the supermarket will be open to the public.

Mr Arnott, Solicitor attended today with the acting area manager from the Co-operative.

An application to adjourn the hearing was made today by two ward councillors who had made representations. They had not made it clear why they were not available to attend today. Further, it was submitted by Mr Arnott that the reasons disclosed in the written representations were about health generally and about the number of retailers of alcohol in the area. These criteria, it was submitted, were not relevant criteria under the Licensing Act. Further, he submitted that there was no evidence that this store posed any risk in terms of crime and disorder, and that police had raised no concerns.

Finally, he submitted that Regulation 4 of the Hearings Regulations are prescriptive, and hearings must take place within 20 days, albeit time can be extended, if necessary in the public interest. This was a matter for the Sub-Committee, but he opposed the adjournment.

The Sub-Committee accepted the representations made by the applicant and agreed to proceed today. It had read the representations and understood the issues raised by the two councillors, and decided that their personal attendance was not necessary in the light of the written issues raised. These issues were considered by the Sub-Committee.

The application states that CCTV will be installed and maintained on all entrances/exits, will record continuously and film will be retained for 28 days and available upon request to the police and local authority. The premises will operate a “challenge 25” policy. All staff will be trained in the sale of alcohol, a refusals register maintained and an electronic till-prompt utilised in respect of age restricted products. The Sub-Committee read and heard information as to how the Co-operative managed its premises, it staff training programme and the sale of age restricted products and these process appeared to be of a high standard.

It is proposed that the Designated Premises Supervisor will be Mr David Hughes who holds a personal licence issued by Dudley MBC.

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174 There have been no representations made by any responsible authority, but two local ward councillors have made representations on 16th December, 2016 asserting that there are sufficient alcohol retailers in that area, that alcohol generally does not contribute to a healthy population and that the new store could be a “crime generator”. The Sub-Committee has already determined that there is no evidence that the premises licence is likely to generate crime and disorder and the evidence is that it will be managed well. Further, the general health of the population and the number of alcohol retailers in the area are not relevant considerations under the Licensing Act.

The application for the grant of a new premises license is therefore granted, and the conditions set out in the operating schedule are accepted as appropriate conditions on the new premises licence.

31 Application for the Variation of Consent to Engage in Street Trading – LSD Promotions Ltd – Food/Craft Market

A report of the Strategic Director Place was submitted on an application for the variation of the consent to engage in street trading at a site in Stourbridge. .

The following persons attended the meeting in respect of the application:-

Mr D McGillicuddy - LSD Promotions Limited – Applicant Mr M Morgan – LSD Promotions Limited

The Assistant Manager – Licensing and Enforcement presented the report on behalf of the Council.

Mr McGillicuddy then presented his case, and in doing so stated that the application had been submitted to include general lines to create a particular style of market that was interesting and diverse, and circulated information that had been e-mailed to all prospective traders inviting them to let stalls in order to provide a well balanced market. He stated that the term ‘general’ was requested in order to become more flexible, as food and craft was very specific, however, he assured the Sub-Committee that traders offering quality stock would be selected.

Mr McGillicuddy responded to questions from Members, specifically in relation to the benefits the market would bring to the businesses within the town, and that discussions had taken place with store owners who stated that they were happy for the market to be in operation and were also given the opportunity to promote their businesses in the market. It was also noted that staff cleared up litter and stored food in accordance with health and safety regulations.

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175 The parties withdrew from the meeting to enable the Sub-Committee to determine the application.

The Sub-Committee having made their decision, invited the parties to return and the Legal Advisor outlined the decision.

Resolved

That the application made by Mr D McGillicuddy of LSD Promotions Limited for the variation of the consent to engage in street trading at a site in Stourbridge be approved.

Reasons for Decision

This is an application by LSD Promotions to vary the definition of the market stalls able to trade within the market, from “food and craft” to “food, craft and general stalls”. The aim is to create a more diverse and varied market with more diverse products and stalls.

Mr D McGillicuddy and Mr M Morgan attended today for the applicant.

Mr McGillicuddy confirmed that the market would not permit “bought in” food and vegetables, or basic clothing such as underwear. Local Shops had apparently been consulted, and offered the opportunity to use stalls to promote their own businesses. The market is roughly 28-30 stalls around the town clock, old bank and Coventry Street and no stalls block entrances to shops in that area.

The Sub-Committee is concerned about the discretion permitted by the use of the word “general” as opposed to “food and craft”. It accepts that the discretion granted by this word will be beyond the committee to control in the short term, and that if the variation is granted, the Sub-Committee will be relying upon the discretion of Mr McGillicuddy to not abuse the potential width of that word.

The Sub-Committee is prepared to grant the variation, but the local authority will monitor the market and the matter will be re-considered when the application for the renewal of the street trading consent comes back before a Sub-Committee on its anniversary.

The meeting ended at 12.25 pm

CHAIR

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176 Minutes of the Licensing Sub-Committee 4

Tuesday 13th December, 2016 at 10.20 am In The Council Chamber, The Council House, Dudley

Present:-

Councillor A Taylor (Chair) Councillors S Henley and C Perks

Officers:-

R Clark, Principal Solicitor – Chief Executive’s Directorate, S Smith, Licensing Manager – Place Directorate and K Buckle, Democratic Services Officer – Chief Executive’s Directorate.

15 Apology for Absence

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

16 Appointment of Substitute Member

It was reported that Councillor A Taylor had been appointed as a substitute Member for Councillor C Elcock for this meeting of the Sub-Committee only.

17 Declarations of Interest

No Member made a declaration of interest in accordance with the Members’ Code of Conduct.

18 Minutes

Resolved

That the minutes of the meeting of the Sub-Committee held on 30th, August 2016, be approved as a correct record and signed.

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177

19 Application for Grant of New Premises Licence – McDonald’s Restaurant, Mill Race Lane, Stourbridge

A report of the Strategic Director Place was submitted on an application for the grant of a new premises licence in respect of the premises known as McDonald’s Restaurant, Mill Race Lane, Stourbridge.

The following persons attended the meeting in respect of this application:-

Mr S Singh – McDonald’s Restaurant Area Manager Mr F Humphries – Barrister representing McDonald’s Restaurant.

Following introductions the Licensing Manager presented the report on behalf of the Council.

It was noted that the objections raised by West Midlands Police had been withdrawn upon the basis that the Applicant had agreed to the condition that SIA registered security staff be employed at the premises between 00.00 hours and 04.00 hours on Friday and Saturday evenings into Sunday mornings.

Mr Humphries addressed each of the objections raised and referred to the legal requirements in relation to advertising the application both in the newspapers and site notice had been met.

Mr Humphries referred to the Operations Schedule and security systems that would be implemented at the premises.

It was noted that concerns in relation to litter would be addressed with the Applicant being reactive to litter problems and a daily litter patrol taking place.

In responding to questions from Members Mr Humphries confirmed that the building would consist of two floors and in addressing litter issues would require the consideration of staff safety when identifying the radius of the litter collections, however problems with litter would be reviewed periodically.

Mr Singh, Area Manager advised that car cruising problems would be monitored with Closed Circuit Television Systems being implemented to identify perpetrators and liaison with the Police taking place should problems occur.

It was also confirmed that there would be no objections to staff receiving safeguarding training from a Council representative should that be available.

The parties then withdrew from the meeting to enable the Sub-Committee to determine the application.

The Sub-Committee having made their decision invited the parties to return and the Principal Solicitor then outlined their decision.

Resolved

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178 That, following consideration of the information contained in the report submitted and presented at the meeting, the grant of a new premises licence in respect of McDonald’s Restaurant, Mill Race Lane, Stourbridge, be approved subject to the condition that registered SIA security staff be employed at the premises between 00:00 and 04:00 hours on Friday and Saturday into Saturday and Sunday morning.

Reasons for the Decision

This is an application by McDonalds, for permission to sell late night refreshments, 7 days a week, between the hours of 11pm and 5am. The applicant is represented today by Mr. Singh Area Manager and Mr. Humphries Barrister. The premises are to be a “sit in” and “drive through” restaurant and is due to open in February 2017. Mr. Singh currently manages two 24-hour McDonalds premises, the nearest in Merry Hill.

West Midlands Police made a representation on the ground that they required security staff on the premises from midnight. However, the objection was withdrawn upon an agreement between West Midlands Police and McDonalds that SIA registered security staff will be employed on Friday and Saturday nights from midnight until 4.00am. McDonalds accept this as a condition on the premises license.

The notice period for advertisement of the application in the press and on the premises was compliant with the law.

Objections were received from two local residents, who have raised concerns about prospective litter and noise from the premises. The sub-committee was told that a broader litter patrol is operated by McDonalds, during the day time, and these will be arranged once the store is opened. Litter however will be collected on the premises very regularly. In relation to potential noise caused by cars or people gathering, this is not an issue that has been raised as a concern by the police. Further, the drive-through speakers are turned down for the night hours.

A further concern about the local road system has been raised, but the committee notes that planning consent has been granted and this is a matter for the planning committee rather than the licensing committee.

This is a brand new premise, not yet opened, and therefore, whilst the sub- committee notes the concerns of residents about the potential for noise and litter nuisance, these are not issues that currently relate to these premises. McDonalds gave clear evidence about their litter collection policy, and the likely noise from the premises and the committee is satisfied that the applicant is taking steps to ensure that these issues are minimised. This includes late night door staff on Saturdays and Sundays.

The sub-committee therefore grants this application to serve late night refreshments, as sought, and puts the following condition on the premises license:-

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179

1. SIA registered security staff are to be employed at the premises between 00:00 and 04:00 hours on Friday and Saturday evenings (into Saturday and Sunday mornings).

20. Application for Grant of a New Premises Licence – Alena Mini Market, 177 High Street, Dudley

A report of the Strategic Director Place was submitted on an application for the grant of a new premises licence in respect of the premises known as Alena Mini Market, 177 High Street, Dudley.

The following persons were in attendance at the meeting in respect of this application:-

Mr D Aziz – Designated Premises Supervisor Mr G Wintrip – Trading Standards Mr C King – Trading Standards

Following introductions, the Licensing Clerk presented the report on behalf of the Council.

Mr Wintrip then referred to the objections and concerns regarding the application relating to the prevention of crime and disorder and the protection of children from harm under the Licensing Act 2003.

It was explained that Dudley Trading Standards and West Midlands Police had visited the premises on 3rd October, 2016, following an allegation that illegal tobacco products were being sold from the premises.

Details were provided regarding the counterfeit cigarettes and illicit whites which are cigarettes made abroad and fail to comply with legislation in relation to health warnings which meant that they were illegal and could not be sold in this Country, which were found hidden on the premises during the inspection.

Mr Wintrip referred to a further test purchase that had been carried out at the premises on 26th October, 2016 when illicit tobacco had been sold from the premises.

Mr Aziz then presented his case and in doing so advised that he had been out of the Country from 3rd September, 2016 to 11th October, 2016 and he circulated his passport to Members for their consideration. Mr Aziz advised that Mr Fayiqi was his business partner and had been supervising the premises when the inspection had been carried out, that he had been unaware of the illegal tobacco that had been sold from the premises until he had been interviewed by Trading Standards on 6th December, 2016 and although Mr Fayiqi continued to work at the premises, Mr Aziz advised that Mr Fayiqi would be removed from the premises following the meeting of the Sub-Committee.

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180 Mr Aziz then responded to questions from Members, advising that he had opened the premises in June/July 2016 and he was unsure of the identity of the person who had sold the illegal cigarettes to Mr Fayiqi.

Following further questions raised by the Principal Solicitor, Mr Aziz was unable to specify any of the licensing objectives that had to be complied with in order to be granted a licence to sell alcohol.

In summing up Mr King referred to concerns in relation to the management of the premises and the failure of Mr Aziz to manage the premises together with his grave concerns should a licence be granted to Mr Aziz to sell alcohol.

The Licensing Manager following further enquiries advised that Mr Aziz had not applied to either Wolverhampton or Birmingham Council for a personal licence.

The parties withdrew from the meeting to enable the Sub-Committee to determine the application.

The Sub-Committee having made their decision invited the parties to return and the Principal Solicitor outlined the decision.

Resolved

That, following consideration of the information contained in the report submitted and presented at the meeting, the application for grant of a new premises licence in respect of Alena Mini Market, 177 High Street, Dudley, be refused for the reasons given below.

Mr Aziz was informed of his right of Appeal.

Reasons for the Decision

This is an application brought by Mr. Dlawer Aziz, for a premises license to sell alcohol between 8.00am and 11.00pm seven days a week. Mr. Aziz attended committee today to present his application. He confirmed that he is the premises license holder and the Designated Premises Supervisor.

Representations have been made by Trading Standards. Its concern is that on 3rd October 2016, as a result of intelligence received, the premises were inspected and a Mr. Fayiqi was on the premises. Numerous packets of illicit and counterfeit cigarettes were found, much of it hidden in a hinged chair upon which Mr. Fayiqi was sitting.

Since that inspection, further intelligence has been received that illicit and counterfeit tobacco are still being sold from the premises. A test purchase was conducted on 26th October and Mr Fayiqi sold illicit tobacco on that date.

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181

On 2nd December a member of the public brought a counterfeit packet of Richmond cigarettes to trading standards, alleging that they had bought them from the premises for £3.

On 03/09/16 to 11/10/16 Mr. Aziz stated that he was in Iraq and was out of the country.

Mr. Aziz stated that Mr. Fayiqi had had a 20% share in the business, but had lied to him that he had sold just a “couple” of packets of cigarettes that he bought from “some Polish guy once”. He now understood from the formal interview on 6th December that there was considerably more tobacco than 2 packets. He stated that he had had a confrontation with him about his lying after interview on 6th December 2016 in relation to the search of the premises on 3rd October. From that date he was no longer “his business partner”, but is still employed in the shop today.

Mr. Aziz stated that he would install CCTV and will appoint a new manager and a new employee in the shop. He stated that as a result of the new information he had received only today, he would remove Mr. Fayiqi from the shop as an employee immediately.

Mr. Aziz stated that Mr. Fayiqi was employed as a manager in his garage businesses for 6-7 years (Top Shine - 10/18 Yardley Wood Road, Birmingham), and then made the manager in the shop, for which he gave him no training in age restricted products. Mr. Wintrip also gave evidence that Mr. Fayiqi had been involved in a shop in Willenhall in which illicit tobacco was being sold. Mr. Aziz again stated that he only knew this from 6th December 2016.

He passed his course in age restricted products in the last couple of months, in which he obtained an on-line score of 39/40. He had only owned the shop in June/July 2016 and then redecorated and opened the shop.

In terms of his understanding of managing the sale of alcohol from a shop, Mr. Aziz was asked to explain the four licensing objectives under the Licensing Act. He could not. The objective of the prevention of crime and disorder was explained to him, but he could not identify the remaining three licensing objectives.

He was asked what a refusals register looked like and how he would use one. Mr. Aziz stated that he did not understand the question.

Mr. Smith confirmed that Mr. Aziz has not applied for a premises licence in Birmingham or Wolverhampton, or at least they had no record of any applications for a personal licence.

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182

Having heard all of this information, the committee understands that Mr. Aziz may not have known until 6th December that Mr. Fayiqi was selling illicit and counterfeit tobacco. However, he did know that Mr. Aziz had been involved in the sale of illicit and counterfeit tobacco from concealed shelves in a store in Willenhall. Nevertheless he continued to employ him until today.

Further, the sub-committee was not satisfied that Mr. Aziz had made an application for a personal license as he asserted, and no record was found in Birmingham or Wolverhampton.

Finally Mr. Aziz was not able to explain the committee what the four licensing objectives were, or what a refusals register looked like and how he would use this in his shop.

On the basis of these findings, the sub-committee is not satisfied that Mr. Aziz is able to uphold the licensing objectives or understands enough about the management of licensed premises to uphold the law or protect children from harm. This was despite him stating that he had passed a course and details were completed on the application form. It appears that he had not completed the application form himself.

The application for a premises license is therefore refused.

21. Application for Grant of Consent to Engage in Street Trading – Mr Wayne Pritchard – Stourbridge Town Centre.

A report of the Strategic Director Place was submitted on an application for grant of consent to engage in street trading at a site at the junction of Foster Street/High Street, Stourbridge.

The following persons were in attendance at the meeting in respect of this application:-

Mr W Pritchard – Applicant Mr J Butler – Group Engineer, Place Directorate Mr C Worgan – Building Control Manager, Place Directorate

Following introductions, the Licensing Manager presented the report on behalf of the Council.

Mr J Butler referred to the concern that the trailer should not restrict the pedestrian area and referred to the traffic regulation order that prevented vehicles being driven onto Foster Street, advising that any trailer would have to be placed in situ by hand.

The Applicant Mr Pritchard presented his case and responded to questions from Members and in doing so confirmed that he had no

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183 objections to moving the trailer onto the site by hand and would cover the A frame to protect pedestrians.

Resolved

That, following consideration of the information contained in the report submitted, the grant of consent to engage in street trading at a site at the junction of Foster Street/High Street, Stourbridge, be approved for a period of 12 months subject to the following conditions:-

(1) That the ‘A’ Frame of the trailer be adequately protected and made visible in order to protect the public.

(2) That the trailer be sited in Foster Street/High Street, Stourbridge in a definite position to be agreed with J Butler, Section Engineer following a site inspection.

The meeting ended at 1.10pm

CHAIR

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184 Minutes of the Meeting of the Taxis Committee

Tuesday 13th December, 2016 at 5.30 p.m. in Committee Room 3 at the Council House, Dudley

Present:-

Councillor R Body (Chair) Councillor A Aston (Vice-Chair) Councillors M Aston, A Goddard, A Hopwood, K Lewis (From Minute No. 46), A Millward, C Perks and G Simms.

Officers:-

S Smith – Licensing Manager and H Marsh-Geyton - Head of Fleet and Waste Care (Place Directorate) and T Holder – Solicitor and K Taylor – Democratic Services Officer (Chief Executive’s Directorate).

Also in Attendance

B Hughes - Assistant Team Manager (Licensing and Enforcement) (Place Directorate) – In relation to Agenda Item No. 9 – Review of Private Hire Driver’s Licence - Mr AM.

54 Declarations of Interest

There were no declarations of interests from Members, in accordance with the Member’s Code of Conduct.

55 Minutes

Resolved

That the minutes of the meeting of the Committee held on 9th November, 2016, be approved as a correct record and signed.

56 CCTV in Private Hire and Hackney Carriage Vehicle

A report of the Strategic Director Place was submitted on the installation and use of CCTV systems in licensed private hire and hackney carriage vehicles.

Mr Saleem, Chairman of the Dudley Private Hire Taxis Association, together with representatives from the taxi trade, was in attendance at the meeting together with Miss Harris, Solicitor.

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185 Arising from the presentation of the report submitted, the Licensing Manager made particular reference to the four options proposed as follows:-

1. Compulsory fitting of CCTV in vehicles – with compulsory imposed controls; 2. Optional fitting of CCTV in vehicles – with council imposed controls; 3. Optional fitting of CCTV in vehicles – without council imposed controls; 4. No CCTV systems to be allowed in vehicles.

It was noted that 310 responses from the consultation had been received from taxi drivers with the majority indicating that their preferred option was the fitting of CCTV in vehicles to be optional without council imposed controls.

Arising from the presentation of the report, Members considered that the preferred option was to impose the optional fitting of CCTV in vehicles with council imposed controls. Clarification was requested as to the identity of the ‘data controller’, as the body would be legally responsible under the Data Protection Act for all matters concerning the use of personal data.

Mr Saleem reported on the high profile attacks on taxi drivers in 2016 which resulted in no prosecutions due to the lack of evidence, and that he had undertaken a three month trial of operating CCTV in his vehicle, which had received a positive response from his customers. He further confirmed that the taxi trade would be agreeable to the council imposed controls, however, a clear set of guidelines was essential to establish clearly what was expected of the taxi drivers prior to a decision being made by the Committee.

Following all the comments made, Mr Holder also commented that should the Committee be minded to approve any council imposed controls consideration should be given to the legal responsibility that could be imposed on either the Council or Taxis Base Operators.

Following further discussion it was

Resolved

That consideration of the installation and use of CCTV systems in licensed private hire and hackney carriage be deferred until April, 2017, and that the Licensing Manager be requested to submit a policy document outlining the proposed guidelines based on the optional fitting of CCTV in vehicles with the council imposed controls.

57 Manufacturers’ Privacy / Tinted Glass

A report of the Strategic Director Place was submitted on the current policy regarding manufacturers’ privacy/tinted glass.

Arising from the presentation of the report submitted, the Licensing Manager suggested that consideration of the policy regarding manufacturer’s

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186 privacy/tinted glass should be deferred until April, 2017, in light of any decision regarding the implementation or otherwise of a CCTV policy.

Following further discussion, a Member commented that partnership working between local authorities was essential to ensure similar working practices as it was identified that there were differing policies in other local authorities as taxi vehicles had been identified in Dudley with various levels of tinted windows.

Resolved

(1) That consideration of the policy regarding manufacturers’ privacy/tinted glass be deferred pending consideration of the installation and use of CCTV systems in licensed private hire and hackney carriage vehicles in April, 2017.

(2) That the Council should continue with its long standing policy of allowing:-

• 75% of light passing through the front windscreen; • 70% of light passing through both front side facing windows; • 40% of light passing through all other side facing windows.

58 Exclusion of the Public

Resolved

That the public and press be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972, as amended.

59 Application for Review of Private Hire Driver’s Licence – Mr AM

A report of the Strategic Director Place was submitted on a review of the private hire driver’s licence issued to Mr AM, in the light of a complaint received as highlighted in the report submitted.

Mr AM, together with his representative, was in attendance at the meeting. Also in attendance was Mrs BT (complainant), together with a supporter, and Mr B Hughes, Assistant Team Manager (Licensing and Enforcement).

In responding to a question from Mr Holder, Mrs BT confirmed that the content of the report was a true record of the incident in August, 2016.

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187 Representations were made on behalf of Mr AM, in particular it was commented that Mr AM denied spitting at Mrs BT and her vehicle, but did admit to careless driving and swearing. Mr AM reported that he had had relationship problems at the time and he did not realise his actions. A letter of apology to both the Committee and Mrs BT was circulated.

Mr AM and Mrs BT both responded to questions asked by the Committee, and Mr AM advised them that there were no other matters pending that needed to be brought to their attention.

Resolved

That, following consideration of the information contained in the report submitted, and as reported at the meeting, the private hire driver’s licence issued to Mr AM be suspended for a period of one month in light of Mr AM’s behaviour as outlined in the report submitted.

Mr AM was informed of his right to appeal the decision of the Committee.

60 Application for Grant of a Private Hire Driver’s Licence – Mr IK

A report of the Strategic Director Place was submitted on an application made on behalf of Mr IK for the grant of a private hire driver’s licence, in light of the conviction as indicated in paragraph 3 of the report submitted.

Mr IK was in attendance at the meeting, together with his Solicitor, Mr Aslam, and a supporter.

Mr Aslam then made representations on behalf of his client, and in doing so explained the circumstances of the case in extensive detail, in particular that Mr IK had made good progress on his community order which had since been revoked and that he was a family man with this being an isolated incident. Members considered a letter from Mr IK’s wife in support of Mr IK, and a number of character references, which corroborated the evidence presented.

Mr IK confirmed that there were no other matters pending.

Resolved

That, following consideration of the information contained in the report submitted, and as reported at the meeting, approval be given to the grant of a private hire driver’s licence to Mr IK for a period of twelve months.

61 Review of Policy decision in respect of modified / adapted vehicles – Mr MR

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188 A report of the Strategic Director Place was submitted on the decision made by the Licensing Manager with regard to the policy approved by the Taxis Committee on the 28th April, 2010 and further clarified and reinforced by the Committee on the 17th October, 2013, in respect of modified/adapted vehicles.

Mr MR was not in attendance, however his Solicitor Mr Aslam was in attendance at the meeting and a request was made for deferment given that Mr MR could not attend the hearing today due to an illness in the family.

Resolved

That the review of the Policy decision in respect of modified/adapted vehicles be deferred to the next meeting of the Committee.

62 Change in Order of Business

Pursuant to Council Procedure Rule 13(c) it was:-

Resolved

That agenda item number 14 – Application for Review of Private Hire Driver’s Licence – Mr ZD be considered as the next item of business followed by agenda item numbers 12 and 13.

63 Application for Review of Private Hire Driver’s Licence- Mr ZD

A report of the Strategic Director Place was submitted on the review of the private hire driver’s licence issued to Mr ZD, in the light of the offences committed as indicated in paragraph 4 of the report submitted.

Mr ZD was in attendance at the meeting and a request was made for deferment to enable his Solicitor to attend.

Resolved

That the review of the private hire driver’s licence issued to Mr ZD be deferred to the next meeting of the Committee.

64 Application for a Review of a Private Hire and Hackney Carriage Driver’s Licence – Mr JA

A report of the Strategic Director Place was submitted on the review of the private hire and hackney carriage driver’s licence issued to Mr JA, in light of the offence as indicated in paragraph 4 of the report submitted.

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189 Mr JA was in attendance at the meeting and responded to questions asked by the Committee and in doing so referred to the circumstances surrounding his conviction in August, 2016, and that although he no longer worked as a taxi driver he would prefer to retain his badges.

Mr JA also informed the Committee that there were no other matters pending.

Resolved

That, following consideration of the information contained in the report submitted, and as reported on at the meeting, the private hire and hackney carriage driver’s licence issued to Mr JA be revoked in view of this being the third occasion that Mr JA had been convicted of using a mobile phone whilst driving.

Mr JA was informed of his right to appeal the decision of the Committee.

65 Application for Grant of a Private Hire and Hackney Carriage Driver’s Licence – Mr MRJ

A report of the Strategic Director Place was submitted on an application made on behalf of Mr MRJ for the grant of a private hire and hackney carriage driver’s licence, in light of the information contained in the report submitted.

Mr MRJ was in attendance at the meeting, together with his brother, and responded to questions asked by the Committee and in doing so confirmed that there were no other matters pending.

Resolved

That, following consideration of the information contained in the report submitted, and as reported on at the meeting, approval be given to the grant of a private hire and hackney carriage driver’s licence to Mr MRJ for a period of twelve months.

66 Comments of the Chair

The Chair wished all Members of the Committee and Officers a Happy Christmas and a prosperous New Year.

The meeting ended at 8.00 p.m.

CHAIR T/37

190 Minutes of the Meeting of the Taxis Committee

Tuesday 24th January, 2017 at 5.30 p.m. in Committee Room 3 at the Council House, Dudley

Present:-

Councillor R Body (Chair) Councillor A Aston (Vice-Chair) Councillors, M Aston, P Bradley, A Goddard, A Hopwood, A Millward, and C Perks.

Officers:-

Liz Rouse - Senior Licensing Officer, S Smith – Licensing Manager (Place Directorate) T Holder – Solicitor and L Jury – Democratic Services Officer (Both Chief Executive’s Directorate)

Also in attendance:-

Mr M Massingham and Ms K Mullings– Licensing Enforcement Officers and Mr D Deeley and partner – In relation to Agenda Item No. 7 – Review of Private Hire Driver’s Licence and Private Hire Operator’s Licence – Mr AJ.

67 Apology for Absence

An apology for absence from the meeting was submitted on behalf of Councillor K Lewis.

68 Appointment of Substitute Members

It was noted that Councillor P Bradley had been appointed to serve as a substitute member for Councillor K Lewis for this meeting of the Committee only.

69 Declarations of Interest

There were no declarations of interest from Members, in accordance with the Member’s Code of Conduct.

70 Minutes

Resolved

To confirm and sign the minutes of the meeting held on 13th

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191 December, 2016 as a correct record.

71 Exclusion of the Public

Resolved

That the public and press be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information relating to any individual(s) as defined under Part I of Schedule 12A to the Local Government Act 1972, as amended.

72 Change in Order of Business

Pursuant to Council Procedure Rule 13(c) it was:

Resolved

That the remaining items of business be considered in the following order:

Agenda Item Nos. 9, 8, 15, 7, 10, 11,12, 13 and 14.

73 Review of Policy decision in respect of modified/adapted vehicles – Mr MR

The Committee noted that this application had been withdrawn by the applicant prior to this meeting.

74 Application for Review of Private Hire and Hackney Carriage Driver’s Licences – Mr FA

A report of the Strategic Director Place was submitted on an application made on behalf of Mr FA for the review of a private hire and hackney carriage driver’s licence.

Mr Smith informed the meeting that due to a bereavement in the family, Mr FA was not in attendance and had requested that his application be deferred.

Resolved

That , the review of a private hire and hackney carriage driver’s licence to Mr FA be deferred to the next meeting of the Committee.

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192

75 Revocation of a Hackney Carriage and Private Hire Driver’s Licence - Mr NH

A report of the Strategic Director Place was submitted on an application to revoke a hackney carriage and private hire driver’s licence to Mr NH.

Mr Holder informed the Committee that in light of Mr NH’s conviction on 1st December 2016, as set out in the report, it was recommended that the hackney carriage and private hire driver’s licence to Mr NH be revoked.

Resolved

That , the hackney carriage and private hire driver’s licence issued to Mr NH, be revoked.

76 Application for Review of Private Hire Driver’s Licence and Private Hire Operator’s Licence – Mr AJ

A report of the Strategic Director Place was submitted on an application made on behalf of Mr AJ for the review of a private hire driver’s licence and a private hire operator’s licence, in light of the complaint received, as set out in the report submitted.

Mr AJ was in attendance at the meeting, together with his Solicitor, Ms Ghinday from Dennings Solicitors. Also in attendance were Mr M Massingham and Ms K Mullings, Licensing Enforcement Officers and Mr D Deeley and partner.

Ms Rouse gave a detailed account of the incidents, as set out in the report in relation to the accusations that Mr AJ had been using a mobile telephone whilst driving his vehicle, spitting out of his vehicle, smoking and failing to stop after a collision with a Dudley MBC re-cycling vehicle.

In responding to questions asked by the Committee, the Licensing Officers then gave details of their interviews with Mr AJ and his representative, confirming that cigarette smoke had been detected in the vehicle along with cigarette ash which had been found along the body work of the outside of the vehicle. The circumstances leading up to the collision with a Dudley MBC re- cycling vehicle was also reported noting that after the collision Mr AJ had stopped further up the road to pick up a passenger and then drove off.

Representations were made on behalf of Mr AJ, in particular it was commented that Mr AJ denied using a mobile telephone referring to the use of his Bluetooth or pda devise, admitted to spitting from the vehicle to clear his throat of black smoke omitted from the vehicle in front of him and denied smoking stating that he only uses electronic vapour type cigarettes and the smell of smoke and cigarette ash had probably been left from passengers. Mr AJ admitted the collision with the Council vehicle but stating that he had thought at the time that he had only clipped the vehicle with his wing mirror.

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193 The extent of the damage to Mr AJ’s vehicle and that of the re-cycling vehicle was also discussed and Mr AJ stated that he had eventually contacted Lister Road to report the accident and reported it to his insurance.

Mr AJ responded to further questions asked by the Committee, and he advised that there were no other matters pending that needed to be brought to their attention.

Resolved

That, following careful consideration of the information contained in the report submitted, and as reported at the meeting, the private hire driver’s licence and the private hire operator’s licence issued to Mr AJ be revoked in the interest of public safety on the grounds that he was not considered a fit and proper person in view of the recent offences as reported at the meeting.

Mr AJ was informed of his right to appeal the decision of the Committee.

77 Review of a Private Hire Driver’s Licence – Mr ZD

A report of the Strategic Director Place was submitted on an application made on behalf of Mr ZD for the review of a private hire driver’s licence.

Mr ZD was in attendance at the meeting, together with his representative Mr Saleem.

Mr Saleem made representations on behalf of Mr ZD and in doing so referred to the circumstances surrounding the convictions as set out in the report. Mr ZD apologised for his conduct and reiterated that he regretted the convictions and that he had learnt from his mistakes as he was fully aware that any further convictions would result in the loss of his driver’s licence.

Mr ZD responded to questions asked by the Committee, and he advised that there were no matters pending that the Committee needed to be made aware of.

Resolved

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194 That, following careful consideration of the information contained in the report submitted, and as reported at the meeting, the private hire driver’s licence issued to Mr ZD be suspended for 3 months in view of the many warnings Mr ZD had received on his conduct previously from this Committee and the recent convictions as reported at the meeting.

Mr ZD was informed of his right to appeal the decision of the Committee.

78 Application for Grant of a Private Hire Driver’s Licence – Mr MA

A report of the Strategic Director Place was submitted on an application made on behalf of Mr MA for the grant of a private hire driver’s license.

Mr MA was in attendance at the meeting, together with his representative Mr Saleem. Mr Saleem and Mr MA gave a detailed account of the circumstances relating to Mr MA’s failure to declare convictions and issues on his application form in relation to his personal licence, which Mr MA had admitted were his at interview and stated that he had made an innocent mistake omitting the convictions from his application form as his probation officer had advised him what to put down on the form. Mr MA apologised for his conduct and reiterated that he regretted the incidents that had happened and which had had a detrimental impact on his life, and it was now his intention to return to work to support his family.

Mr MA confirmed that there were no matters pending.

Resolved

That, following consideration of the information contained in the report submitted and as reported at the meeting, a private hire driver’s license not be granted to Mr MA as he was not considered a fit and proper person in view of him being under on-going supervision of the probation service and Mr MA was advised to reapply once his supervision had been completed.

79 Application for Grant of a Private Hire and Hackney Carriage Driver’s Licence – Mr TH

A report of the Strategic Director Place was submitted on an application made on behalf of Mr TH for the grant of a private hire and hackney carriage driver’s licence.

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195 Mr TH was in attendance at the meeting together with his representative Mr Saleem. Mr TH and his representative responded to questions asked of the Committee and referred specifically to the circumstances surrounding his offence and confirmed that the incidents had taken place when Mr TH had been young and he had had no convictions for 5/6 years. Mr TH confirmed that his cousin had wrongly advised him on how to complete both application forms and that he deeply regretted the incidents he had been convicted of when he was young and that it was now his intention to earn a living to support his wife and three children.

In response to a request by the Chair that Mr TH be willing to take a drug test, Mr TH confirmed that he would be willing to take the test and he confirmed that there were no other matters pending.

Resolved

That, following consideration of the information contained in the report submitted and as reported at the meeting, a private hire and hackney carriage driver’s licence be granted to Mr TH for a period of twelve months pending the results of a drug test prior to issue of the licence.

80 Application for Grant of a Private Hire Driver’s Licence – Mr IK

A report of the Strategic Director Place was submitted on an application made on behalf of Mr IK for the grant of a private hire driver’s licence.

Mr IK was in attendance at the meeting together with his representative, Mr Saleem. Mr Saleem made representations on behalf of Mr IK and in doing so confirmed that Mr IK was from a good family and had accepted he had made mistakes in the past but he had paid for his mistakes as he had been off the road having been disqualified from driving for 9 months.

In responding to questions raised by the Committee, Mr IK referred specifically to the circumstances surrounding his conviction in 2015 and confirmed that he had regretted the incidents and learnt his lesson having been out of work due to his disqualification and now needed to work to support his family.

Mr IK confirmed that there were no matters pending.

Resolved

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196 That, following consideration of the information contained in the report submitted and as reported at the meeting, a private hire driver’s licence be granted and issued to Mr IK for a period of three months.

81 Application for Grant of a Private Hire Driver’s Licence – Mr GG

A report of the Strategic Director Place was submitted on an application made on behalf of Mr GG for the grant of a private hire driver’s licence.

Mr GG and Mr Saleem both responded to questions asked by the Committee relating to his convictions in 2001 and Mr Saleem confirmed that Mr GG had regretted the incidents he had been convicted of when he was young and he had now turned his life around, had been married for 15 years with 2 children and needed to work to support his family.

Mr GG confirmed that there were no matters pending.

Resolved

That, following consideration of the information contained in the report submitted and as reported at the meeting, a private hire driver’s licence be granted and issued to Mr GG for the period of twelve months.

The meeting ended at 8.05pm

CHAIR

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197 Minutes of the Meeting of the Cabinet

Wednesday, 14th December, 2016 at 6.00 pm in Committee Room 2 at The Council House, Dudley

Present:

Cabinet Members

Councillor P Lowe (Leader – Chair) Councillor J Foster (Deputy Leader - Vice-Chair) Councillors K Ahmed, H Bills, I Cooper, R Harris, J Martin, D Sparks and Q Zada

Opposition Group Members Nominated to attend the Cabinet

Councillors N Barlow, S Clark, P Harley, L Jones, K Shakespeare, D Stanley and D Vickers (Conservative Group).

Councillor P Brothwood and D Perks (UKIP Group)

Officers

S Norman (Chief Executive), A Lunt (Strategic Director Place), T Oakman (Strategic Director People), A McCormick (Chief Officer Transformation and Performance), I Newman (Chief Officer Finance and Legal Services), M Williams (Chief Officer Environmental Services), M Farooq (Lead for Law and Governance) H Martin (Head of Planning and Development), A Webb (Interim Head of Sport and Leisure Services), S Manson (Principal Policy and Performance Management Officer) and M Johal (Senior Democratic Services Officer)

80 Urgent Item of Business

The Leader announced that an additional report, namely Terms and Conditions Update – Medium Term Financial Strategy, would be considered as an urgent item of business as it could not reasonably be deferred until the next meeting of the Cabinet due to the timescales and deadlines involved with the negotiations concerning pay and conditions. The Chair of the Overview and Scrutiny Management Board had been consulted on the addition of this urgent item to the agenda in line with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The additional report contained exempt information as defined by Part I of Schedule 12A to the Local Government Act, 1972 concerning details of the ongoing consultation and negotiations with the trade unions. The item would therefore be considered in the private session of the agenda. A revised agenda had been published on the Council’s website.

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198

81 Apologies for Absence

Apologies for absence from the meeting were received on behalf of Councillors G Partridge and A Millward.

82 Change in Representation of Opposition Group Members

Councillor D Stanley attended as a substitute member for Councillor A Millward.

83 Declarations of Interest

No Member made a declaration of interest in accordance with Members’ Code of Conduct in respect of any matter to be considered at this meeting.

84 Minutes

Resolved

That the minutes of the meeting of the Cabinet held on 10th November, 2016, be approved as a correct record and signed.

85 Ofsted Monitoring Report

The Cabinet considered a report of the Strategic Director People on the outcome from the first Ofsted Monitoring visit carried out on 12th and 13th October, 2016. The letter from Ofsted setting out the conclusions of their visit was attached as an Appendix to the report.

In response to a query, the Cabinet Member for Children’s Services provided an update on virtual schools indicating that a Virtual School Head had been appointed and a standard item was included on every Corporate Parenting Board agenda for discussion. Information and documents could be made available to Members on request.

Resolved

That the information contained in the report on the first Ofsted Monitoring visit, be noted.

86 Annual Review of Equality 2016

The Cabinet considered a report on the Annual Review of Equality 2016. A full copy of the document had been made available on the Council’s website.

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199 Resolved

That the information contained in the report on the Annual Review of Equality 2016 be approved.

87 Peer Challenge Use of Resources Improvement Plan

The Cabinet considered a report on the release of the Peer Challenge Action Plan to the Association of Directors of Adult Social Services (ADASS) West Midlands, the Peer Challenge Team and the Health and Adult Social Care Scrutiny Committee in January, 2017.

Resolved

That the release of the Peer Challenge Action Plan to the Association of Directors of Adult Social Services (ADASS) West Midlands, the Peer Challenge Team and the Health and Adult Social Care Scrutiny Committee in January, 2017, be approved.

88 Adoption of the Dudley Borough Development Strategy

The Cabinet considered a report on the adoption of the Dudley Borough Development Strategy. The report included a recommendation to the Council that, on the adoption of the Dudley Borough Development Strategy, the Unitary Development Plan 2005 be formally revoked and superseded by the Dudley Borough Development Strategy.

Resolved

(1) That the Dudley Borough Development Strategy be approved and recommended to the Council for adoption.

(2) That the Council be recommended, on the adoption of the Dudley Borough Development Strategy, that the Unitary Development Plan 2005 be formally revoked and superseded by the Dudley Borough Development Strategy.

89 Adoption of the Dudley Area Action Plan

The Cabinet considered a report on the adoption of the Dudley Area Action Plan. The report included a recommendation to the Council that, on the adoption of the Dudley Area Action Plan, the Dudley Town Centre Area Development Framework 2005 and Dudley Town Centre chapter of the Unitary Development Plan 2005 be formally revoked and superseded by the Dudley Borough Development Strategy.

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200 Resolved

(1) That the Dudley Area Action Plan be approved and recommended to the Council for adoption.

(2) That the Council be recommended that, on the adoption of the Dudley Area Action Plan, the Dudley Town Centre Area Development Framework 2005 and the Dudley Town Centre chapter of the Unitary Development Plan 2005, be formally revoked and superseded by the Dudley Borough Development Strategy.

90 Review of Leisure Centre Provision with Dudley

The Cabinet considered a report setting out the current position with regard to the review of Leisure Centre provision in Dudley and on the next steps to be taken in order to reach a position where a ‘Full Business Case’ assessment could be undertaken in respect of the preferred model for future provision of Leisure Centre facilities within Dudley.

Arising from the presentation of the report and in responding to comments made at the meeting, the Cabinet Member for Planning and Economic Development gave an assurance that no formal decision would be taken without following due process including consultation and referral for appropriate scrutiny.

During the ensuing debate, concerns were expressed about the proposed reduction in the number of Leisure Centres and the potential impact on the economy given the proposed locations which were based outside of the Town Centre. A request was also made that, in future, consideration be given to releasing information into the public domain only when factual and accurate information was available.

Resolved

(1) That the complex process of determining the optimum model of future leisure provision, which is currently at an early stage, be noted.

(2) That the commissioning of a Facilities Planning Model in order to establish the preferred future model of provision of affordable and sustainable Leisure Centres within the borough of Dudley, be approved.

(3) That upon completion of the assessments a further report be submitted to Cabinet on the finalised Built Facility Strategy and Options Assessment undertaken in Partnership with Sport England and the Amateur Swimming Association.

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201

91 West Midlands Rail Limited – Change to the Draft Collaboration Agreement with Department for Transport

The Cabinet considered a report on a change to the drafting of the Collaboration Agreement between West Midlands Rail Limited (WMR Ltd) and the Department for Transport (DfT), in order to progress the rail devolution process in the West Midlands.

Resolved

(1) That the change of position in relation to rail devolution, as being adopted by the new Secretary of State for Transport, be noted.

(2) That the Council continue to support the signing of the revised Collaboration Agreement.

92 Issues arising from Scrutiny Committees

No issues were raised under this agenda item.

93 Questions to the Chair under Cabinet Procedure Rule 2.5

No questions had been submitted under this agenda item.

94 Exclusion of the Public

Resolved

That the public and press be excluded from the meeting for the following items of business on the grounds that they contain exempt information as defined in paragraphs 3 and 4 of Part I of Schedule 12A to the Local Government Act 1972 as amended.

95 Transforming for the Future – Accommodation – Redevelopment of Lister Road and Leys Depots

The Cabinet considered a report on improvements to the Lister Road Depot and proposals to convert the Leys Depot into the Borough’s new centralised Household Waste and Recycling Centre.

Arising from the presentation of the report, and in responding to comments made about the potential increase in the volume of traffic and queues that would be forming to access the site, particularly during peak times, the Cabinet Member for Environmental Services gave an undertaking to conduct a traffic impact assessment.

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202 The Strategic Director Place undertook to circulate Appendix E to the report as it had been omitted erroneously.

Resolved

(1) That, subject to the necessary planning consents, the partial redevelopment, including additional office accommodation at the Lister Road Depot, be approved.

(2) That, subject to planning consent, to include a traffic impact assessment and consultation with the Environment Agency, the conversion of the Leys Depot into the Borough’s new centralised Household Waste and Recycling Centre site, be approved.

(3) That, following the Household Waste and Recycling Centre operations being transferred to the Leys Depot, the disposal of Birmingham Street Household Waste and Recycling Centre site via the One Public Estate Programme, be approved.

(4) That the rationalisation of Housing Services Leased sites, once replacement accommodation is available, be approved.

96 Transforming for the Future – Housing Stores – Appraisal of an Externally Managed Solution

The Cabinet considered a report of the Strategic Director Place on proposals to procure an externally managed stores solution subject to formal consultation with staff and Trade Unions.

Resolved

(1) That the commencement of formal consultation with staff and Trade Unions on options, which may include externalisation of the current stores service, be approved.

(2) That the development of contract documents, specifications and conditions of any new wholly externalised managed stores solution, be approved.

(3) That the undertaking of any necessary contract procurement in accordance with the Council’s Procurement Policies and legal advice to maximise value for money and efficiencies for the Housing Revenue Account, be approved.

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203

97 Terms and Conditions Update – Medium Term Financial Strategy

The Cabinet considered a joint report of the Chief Executive and Chief Officer Transformation and Performance on a package of proposals to achieve savings from terms and conditions in relation to the Medium Term Financial Strategy.

Resolved

That approval be given for the proposed package to be formally presented to the Trade Unions for balloting with a view to reaching a collective agreement to implement from 1st April, 2017, subject to agreement by full Council.

The meeting ended at 7.30 p.m.

LEADER OF THE COUNCIL

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204 Minutes of the Meeting of the Cabinet

Wednesday 8th February, 2017 at 6.00 pm In Committee Room 2 at The Council House, Dudley

Present:

Cabinet Members:

Councillor P Lowe (Leader – Chair) Councillors K Ahmed, H Bills, I Cooper, R Harris, J Martin, G Partridge, D Sparks and Q Zada

Opposition Group Members Nominated to attend the Cabinet:

Councillors N Barlow, S Clark, P Harley, P Miller, A Millward, K Shakespeare and D Vickers (Conservative Group) Councillors P Brothwood and D Perks (UKIP Group)

Officers:

S Norman (Chief Executive), A Lunt (Strategic Director Place), I Newman (Chief Officer Finance and Legal Services), S Butcher (Chief Officer Children’s Services), M Rodgers (Chief Officer Housing), H Martin (Chief Officer Regeneration and Enterprise), M Farooq (Lead for Law and Governance), R Cooper (Head of Financial Services), S Beckett (Head of Revenue and Benefits Services) and M Johal (Senior Democratic Services Officer)

Also in Attendance:

J Cook (Director - Grant Thornton) for Agenda Item No 9 (Annual Audit Letter 2015/16)

Observer:

Councillor I Kettle

98 Apologies for Absence

Apologies for absence from the meeting were received on behalf of Councillors J Foster and L Jones.

99 Change in Representation of Opposition Group Members

Councillor P Miller attended as a substitute member for Councillor L Jones.

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205

100 Minutes

Resolved

That the minutes of the meeting of the Cabinet held on 14th December, 2016, be approved as a correct record and signed.

101 Change in Order of Business

Resolved

That Agenda Item No 9 (Annual Audit Letter 2015/16) be considered before Agenda Item No 8 (Invitation to Become an Opted-in Authority – Public Sector Audit Appointments).

102 Revenue Budget Strategy and Setting the Council Tax 2017/18

The Cabinet considered a joint report of the Chief Executive and the Chief Officer Finance and Legal Services on the deployment of General Fund revenue resources, a number of statutory calculations that had to be made by the Council and the Council Tax to be levied for the period 1st April, 2017 to 31st March, 2018.

Opposition Spokespersons commented on aspects of the budget proposals including reference to the significant increase in the level of Council Tax. The validity of the budget consultation exercise was questioned given the low response rate and costs associated in conducting the exercise were queried. Reference was also made to changes in the Adult Social Care precept and it was requested that details be provided to show how this income would be spent. An assurance was sought that the additional money would be used solely to improve social care. An update on negotiations with the Trade Unions and the outcome of the Independent Remuneration Panel were also requested.

In responding to queries the Leader stated that robust plans were in place to justify and show how the additional revenue resulting from the increase to the adult social care precept would be spent. An assurance was given that this money would be “ring fenced” for improvements to adult social care. The Cabinet Member for Adult Social Care alluded to the extreme pressures on adult social care and indicated that, irrespective of the increase, the funding was still inadequate to properly deliver services given the increase in demand.

In relation to negotiations with Trade Unions, it was reported that Unions were currently balloting their members and the outcome would not be known until towards the end of February. An assurance was given that when details were available, further discussions would be held with Group Leaders. The formal report of the Independent Remuneration Panel concerning the Members’ Allowances Scheme was not yet available.

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206 With regard to the budget consultation response rate, the Leader indicated that it had been better than in previous years. The survey had been available for completion online and costs for undertaking the consultation exercise would be provided.

In response to statements from the Opposition Group Leaders that the significant increase in the Council Tax would not be supported, the Cabinet Member for Finance and Legal Services indicated that opportunities had been made available to submit alternative costed proposals or amendments. Members were reminded of the Council’s difficult financial position and the need for financial sustainability in future years.

Resolved

(1) That the actions of the External Auditors, as set out in paragraphs 8 and 9 of the report, be noted.

(2) That the forecast variances to budget in 2016/17 as set out in paragraphs 11 to 15 be noted.

(3) That the Chief Officer Finance and Legal Services be authorised, in consultation with the Cabinet Member for Finance and Legal Services and the Opposition Spokespersons for Finance and Legal Services, to approve any minor changes to the budget proposals resulting from the final Local Government Settlement and final estimates of Business Rate income.

(4) That the Chief Officer Finance and Legal Services and the Strategic Director Place be authorised, in consultation with the Cabinet Members and the Opposition Spokespersons for Finance and Legal Services and Planning and Economic Development, to assess the initial impacts of the Enterprise Zone on income and expenditure and reflect these in the Council Tax setting report to Council on 6th March, 2017.

(5) That the Chief Executive and the Chief Officer Finance and Legal Services be authorised, in consultation with the Leader of the Council, the Leaders of Opposition Groups and the Cabinet Member and Opposition Spokesperson for Finance and Legal Services, to consider the outcome of union ballots on Terms and Conditions and to make any necessary changes to the Council Tax setting report to Council on 6th March, 2017.

(6) That, subject to any amendments arising from the above, the Council be recommended to approve the following:

(i) The budget for 2017/18, and Directorate allocations (including the Public Health budget), as set out in the report.

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207 (ii) That the statutory amounts required to be calculated for the Council's spending, contingencies and contributions to reserves; income and use of reserves; transfers to and from its collection fund; and Council Tax requirement, as referred to in Section 67(2)(b) be now calculated by the Council for the year 2017/18 in accordance with Sections 31A, 31B and 34 to 36 of the Local Government and Finance Act 1992 as shown in Appendix L of the report.

(iii) That, having calculated the aggregate in each case of the amounts in Appendix L, the Council, in accordance with Section 30(2) of the Local Government Finance Act, 1992, agrees the following levels of Council Tax for Dudley Council services for 2017/18:

Valuation Bands

A B C D E F G H

£819.09 £955.60 £1092.11 £1228.63 £1501.66 £1774.69 £2047.72 £2457.26

(iv) The Medium Term Financial Strategy as set out in the report.

(v) The Pay Policy Statement 2017, as set out in Appendix N of the report.

(7) That the Council be recommended to determine that a referendum relating to Council Tax increases is not required in accordance with Chapter 4ZA of Part 1 of the Local Government Finance Act 1992.

(8) That all Cabinet Members, the Chief Executive and Strategic Directors be authorised to take all necessary steps to implement the proposals contained in the report, in accordance with the Council's Financial Management Regime.

103 Capital Programme Monitoring

A joint report of the Chief Executive and the Chief Officer Finance and Legal Services was submitted on progress with the implementation of the Capital Programme and a number of proposed amendments. The report also set out the proposed ‘Prudential Indicators’ as required to be determined by the CIPFA Prudential Code for Capital Finance in Local Authorities and the Local Government Act 2003 and sought approval of the proposed Council’s Minimum Revenue Provision (MRP) Policy for 2017/18.

Arising from the presentation of the report, and in response to a comment that there were no signs displayed to indicate Tower Street was a public car park, the Cabinet Member Planning and Economic Development undertook to investigate the matter.

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208 Resolved

That the Council be recommended:-

(1) That current progress with the 2016/17 Capital Programme be noted.

(2) To approve, in principle, the development of the four Starter Home sites as private sale development sites, as set out in paragraph 8 of the report.

(3) That the Pothole Fund allocation be noted and the associated expenditure included in the Capital Progamme, as set out in paragraph 9 of the report.

(4) That the Highways Incentive fund allocation be noted and the associated expenditure included in the Capital Programme, as set out in paragraph 10 of the report.

(5) That the Integrated Transport Funding 2017/18 allocation be noted and the associated expenditure included in the Capital Programme, as set out in paragraph 11 of the report.

(6) That the Strategic Director Place be authorised, in consultation with the Cabinet Member for Planning and Economic Development, to approve and determine budgets for individual One Public Estate projects, and that any capital expenditure be included in the Capital Programme, as set out in paragraph 12 of the report.

(7) That subject to the relevant savings being approved as part of the budget strategy, the Invest to Save capital projects be approved and included in the Capital Programme, as set out in paragraph 13 of the report.

(8) That the urgent amendments to the Capital Programme, as set out in paragraphs 14 to 15, be noted.

(9) That the Prudential Indicators as required to be determined by the CIPFA Prudential Code for Capital Finance in Local Authorities and the Local Government Act 2003, as set out in Appendix B of the report, be approved.

(11) That the Minimum Revenue Provision (MRP) Policy for 2017/18, as set out in paragraph 19 of the report, be approved.

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209

104 Deployment of Resources – Housing Revenue Account and Public Sector Housing Capital

A joint report of the Strategic Director Place and the Chief Officer Finance and Legal Services was submitted on the proposals for the deployment of the Housing Revenue Account (HRA) and associated matters for 2017/18.

Arising from the presentation of the report reference was made to the Council offering laundry tokens for sale for the use of tenants at five high rise blocks (two in Brierley Hill and three in Dudley) and it was queried whether the charge was sufficient to recoup costs. Reference was also made to the nominal charge for garage rents and it was suggested that consideration be given to charging commercial rates. Further details on the number of garages that were used for storage and those that were empty/void was also requested together with any associated plans for disposal of the land. A comment was also made in relation to the Government’s proposals to introduce mandatory fixed-term tenancies and that this may have an adverse impact as there were some tenants that did not maintain properties.

The Cabinet Member Housing acknowledged the points made and indicated that the information requested could be provided, however, it was suggested that the matter could be considered at an appropriate Scrutiny Committee.

Resolved

(1) That the reduction of rents for Housing Revenue Account (HRA) dwellings by 1% from 3rd April 2017, moving to formula rent on re- let as approved in October, 2016 as set out in paragraphs 3 to 6 of the report, be approved.

(2) That the changes to service charges as detailed in paragraphs 8, 10, 11, 12 and 13 of the report, be approved.

(3) That an overall increase of 5.47% in heating and lighting charges for sheltered housing with an average weekly charge of £14.98, as set out in paragraph 9 of the report, be approved.

(4) That the current charge for pitch licences at Oak Lane be reduced by 1%, as outlined in paragraph 14 of the report.

(5) That water charges at Oak Lane be maintained at the current level of £6.32 per week, as set out in paragraph 14 of the report.

(6) That the leaseholders’ administration fee and the charge for the leasehold information pack be maintained at current levels, as outlined in paragraphs 15 and 16 of the report.

(7) That an increase of 1.5% (20p per month) for private Telecare clients, as outlined in paragraph 17 of the report, be approved.

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210 (8) That an increase of 5.16% for garage plot rent and access agreements, and the dates proposed for future increases, as set out in paragraphs 19 and 21 of the report, be approved.

(9) That an increase in garage rents and the dates proposed for future increases, as set out in paragraphs 20 and 21 of the report, be approved.

(10) That the withdrawal of the Government’s proposed Pay to Stay policy (Higher Income Social Tenants), as set out in paragraph 30 of the report, be noted.

(11) That the Government proposals to introduce mandatory fixed-term tenancies and to introduce a levy for housing authorities based on their higher value housing stock, impacting on future HRA operations and budgets, as set out in paragraph 31 of the report, be noted.

(12) That the Strategic Director Place be authorised to procure and enter into contracts for the delivery of the capital programme, as outlined in paragraph 38 of the report.

(13) That the Council be recommended:

(a) To approve the revised HRA budget for 2016/17 and the HRA budget for 2017/18 as outlined in Appendix 1 to the report, noting future consultation arrangements, as outlined in paragraph 7 of the report.

(b) To approve the public sector housing revised capital budgets for 2016/17 to 2020/21, as set out in Appendix 2, noting future consultation arrangements, as set out in paragraph 7 of the report.

(c) To authorise the Strategic Director Place and the Chief Officer Finance and Legal Services to bid for and enter into funding arrangements for additional resources to supplement investment in the public sector housing stock, as outlined in paragraphs 35 and 36 of the report and that expenditure funded from such resources be added to the Capital Programme.

(d) To authorise the Strategic Director Place, in consultation with the Cabinet Member for Housing, to manage and allocate resources to the capital programme, as outlined in paragraph 37 of the report.

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211 (e) To confirm that all capital receipts arising from the sale of HRA assets (other than any receipts that may be specifically committed to support private sector housing) should continue to be used for the improvement of council homes, as set out in paragraph 37 of the report.

(f) To endorse the HRA medium term financial strategy and thirty year business plan, as outlined in Appendix 4 to the report.

105 Annual Audit Letter 2015/16

A joint report of the Chief Executive and the Chief Officer Finance and Legal Services was submitted on the External Auditor’s Annual Audit Letter for 2015/16.

Resolved

That the views of the External Auditor, as contained in the Annual Audit Letter 2015/16, be noted.

106 Invitation to Become an Opted-in Authority – Public Sector Audit Appointments

A joint report of the Chief Executive and the Chief Officer Finance and Legal Services was submitted on an invitation to opt-in to the national scheme for auditor appointments.

Resolved

That the Council be recommended to opt in to the national scheme for auditor appointments.

107 DY5 – Dudley’s Business and Innovation Enterprise Zone

A report of the Strategic Director Place was submitted on DY5 – Dudley’s Business and Innovation Enterprise Zone (EZ) and informing Cabinet that the local ‘Dudley Investment Zone’ rates reduction scheme would cease to new entrants after 31st March 2017 as the Enterprise Zone would supersede this initiative.

The Leader, Cabinet Members together with Opposition Group Spokespersons commended the report and conveyed their thanks to Members, Officers and Mike Wood, MP for all the hard work in achieving the Enterprise Zone status. The Leader requested that a letter be sent to Mike Wood, MP to thank him for all the hard work undertaken in achieving this initiative together with best wishes for a speedy recovery to good health.

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212 Resolved

(1) That the adoption of the newly proposed DY5 – Dudley’s Business and Innovation Enterprise Zone, as submitted to the Department for Communities and Local Government (DCLG) in December 2016, be approved.

(2) That the principle of entering into a Memorandum of Understanding (MOU) with the Black Country Local Enterprise Partnership (LEP) about the way the uplift in business rates is attributed, be approved.

(3) That the Cabinet Member for Planning and Economic Development and the Strategic Director Place be authorised to agree the final wording of the MOU between the Black Country LEP and Dudley Metropolitan Borough Council.

(4) That the proposal that Dudley Council become the accountable body on behalf of the Black Country LEP, for collection and distribution of business rate uplift from the DY5 Enterprise Zone, be approved.

(5) That the revenue and capital expenditure in relation to the Enterprise Zone, to be approved by the Council in line with the Constitution, together with the incorporation of the relevant budget changes into the Council Tax setting report to Council on 6th March, 2017, be noted.

(6) That the cessation of the existing ‘Dudley Business Investment Zone’ rates reduction scheme to new entrants with effect from 31st March, 2017, to be superseded by the creation of the Enterprise Zone, be confirmed.

(7) That a letter of thanks be sent to Mike Wood, MP for all the hard work undertaken in achieving the DY5 – Dudley’s Business and Innovation Enterprise Zone together with best wishes for a speedy recovery to good health.

108 Approval for Public Consultation on Household Local Development Order (LDO)

A report of the Strategic Director Place was submitted on the draft Householder Local Development Order (LDO) to be used as a basis for public consultation commencing on 6th March to 5th May, 2017.

Resolved

That the draft Householder Local Development Order to be used as a basis for public consultation commencing on 6th March to 5th May 2017, be approved.

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213

109 Adoption of the Statement for Community Involvement (SCI)

A report of the Strategic Director Place was submitted on adoption of the Statement of Community Involvement (SCI).

Resolved

That the adoption of the Statement of Community Involvement be approved.

110 The Impact of the European Union Referendum (EU) on Dudley and the Black Country – Current Position

A report of the Strategic Director Place was submitted setting out the potential consequences for Dudley and the Black Country as a result of the outcome of the EU Referendum held during June 2016 and identifying potential critical issues for the Borough.

In presenting the report, the Cabinet Member for Planning and Economic Development updated the meeting on subsequent information since circulation of the report. It was stated that the Chancellor of the Exchequer had confirmed that he would extend the guarantee for European Funded projects to the point at which the United Kingdom left the European Union. The funding guarantee was conditional that projects agreed after the Autumn Statement in 2016 met domestic strategic priorities and provided good value for money. Therefore, subject to the specific criteria, funding for the Very Light Railway may be available.

Resolved

(1) That the update on the latest position, in that the Chancellor of the Exchequer has now guaranteed that European Structural Funds will be available until the United Kingdom formally leaves the EU, which is anticipated to be during 2019, subject to Article 50 negotiations, be noted.

(2) That the current position with regard to the United Kingdom’s withdrawal from the European Union be noted.

(3) That the key issues of withdrawal from the EU for Dudley be confirmed.

(4) That the Strategic Director Place be authorised to ensure that the critical issues for Dudley Borough are communicated to Government and the Local Government Association ahead of the commencement of formal negotiations regarding Article 50.

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214 (5) That the Strategic Director Place be requested to effectively contribute to a Black Country LEP response to Government in order to ensure that there is no loss of resources to the Black Country as a result of the termination of European Funding Streams from 2019.

111 Central Halesowen Business Improvement District (BID)

A joint report of the Strategic Director Place and the Chief Officer Finance and Legal Services was submitted on the Central Halesowen BID proposal and the BID creation timeline.

In presenting the report, the Cabinet Member for Planning and Economic Development indicated that, as costs to the Council had increased, the figure of £7,000, as referred to in paragraph 11 of the report had been amended and increased to £8,000. The Appendices to the report had been uploaded to the Committee Management Information System and it was noted that these had also been updated to reflect a change in levy from 1.75 to 1.25.

Resolved

(1) That the figure of £7,000, as referred to in paragraph 11 of the report, be amended and increased to £8,000.

(2) That the Business Improvement District proposal and timeline be approved.

112 Approval to widen the scope of the Black Country Joint Committee to include the West Midlands Combined Authority

A report of the Strategic Director Place was submitted seeking approval through a deed of variation to widen the scope of the work of the Black Country Joint Committee beyond its current remit of City Deal and Growth Deal Programmes to include the West Midlands Combined Authority (WMCA).

Arising from the presentation of the report a request was made for details to be provided to Opposition Group Leaders on financial spend in relation to the West Midlands Combined Authority in the past twelve months.

During the ensuing discussion concerns were expressed about the power of the WMCA Mayor, together with a lack of associated scrutiny, and how individual Local Authorities would link into the scrutiny process. The Cabinet Member Health and Well Being referred to the Audit Assurance Risk Committee, of which she was a member, and indicated that all Local Authorities were working together with a view to ensuring a robust framework was in place prior to the Mayor being elected.

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215 Resolved

(1) That the Black Country Executive Joint Committee be authorised to make decisions relating to funding applications into and funding received through or from the West Midlands Combined Authority.

(2) That the Council’s representation on the Black Country Executive Joint Committee be the Leader of the Council with the Cabinet Member for Planning and Economic Development acting as substitute.

(3) That the widening of the scope of the Black Country Executive Joint Committee Constitution by amending the current Annex A – Terms of Reference, Functions of Black Country Executive Joint Committee, as revised and included as Attachment 1 to the report, be approved.

(4) That approval be given to enter into the Black Country Executive Joint Committee Collaboration Agreements Deed of Variation, included as Attachment 2, and that the Strategic Director Place be authorised to make any minor amendments prior to its sealing as a Deed.

The meeting ended at 7.30 p.m.

LEADER OF THE COUNCIL

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216 1. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Khurshid Ahmed X Authorised By Councillor Khurshid Ahmed, Cabinet Member for Planning and Economic CouncillorDevelopment Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Alan Lunt, Strategic Director Place Ward(s) Affected All

Date of Decision 21 November 2016 Reference PLA/38/2016

Implementation of a permanent 'No dogs zone' within Himley Park

Following the result of the survey, to approve the implementation of a permanent ‘No Dogs Zone’ within Himley Park.

2. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Khurshid Ahmed X Authorised By Councillor Khurshid Ahmed, Cabinet Member for Planning and Economic In Consultation With AlanDevelopment Lunt, Strategic Director Place Ward(s) Affected Upper Gornal & Woodsetton Castle & Priory Date of Decision 02 December 2016 Reference PLA/39/2016

Appropriation of land - Garage site adjacent to 19 Sycamore Green, Dudley

1.1 That the land at Sycamore Green, Dudley, be appropriated from the purposes of the Housing Act 1985 to the purpose of S19 (1) (f) of the Local Government (Miscellaneous) Provisions Act 1976 to provide car parking for the Sycamore Adventure Centre.

217 3. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Khurshid Ahmed X Authorised By Councillor Khurshid Ahmed, Cabinet Member for Planning and Economic In Consultation With AlanDevelopment Lunt, Strategic Director Place Ward(s) Affected All

Date of Decision 14 December 2016 Reference PLA/40/2016

Dudley Market - Visitor Economy and Cultural Services

To extend the arrangement with the current Market provider for a period of six months only, and to review the existing agreement by adding in measurable assessment criteria highlighted within this Decision Sheet.

It is recommended that a programme is requested from DMT within three weeks of them being informed that the pilot is being extended, which outlines how they intend to meet the defined objectives. This will allow officers to assess DMT’s performance objectively at monthly meetings. If it becomes evident that satisfactory progress is not being made in accordance with the objectives stated, officers will work on identifying alternative options for the future provision of the Market service.

4. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Khurshid Ahmed X Authorised By Councillor Khurshid Ahmed, Cabinet Member for Planning and Economic In Consultation With AlanDevelopment Lunt, Strategic Director Place Ward(s) Affected All

Date of Decision 29 December 2016 Reference PLA/44/2016

Fees and Charges - Visitor Economy and Cultural Services and Sport and Leisure Services

1.1 That the scale of charges attached as appended documents be approved.

That the Chief Officer Planning and Economic Development be authorised to allow variations to the approved list of fees and charges to cover incidents of reduced service levels, sales promotions, social inclusion programmes and charitable events.

In addition to the core fees and charges in each of the service areas, the additional subsidiary fees and charges for goods for resale, equipment hire, course and activity programmes , concerts and events , specialist services , concessions and sundry items are set locally by managers and approved by the Chief Officer.

218 5. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Khurshid Ahmed X Authorised By Councillor Khurshid Ahmed, Cabinet Member for Planning and Economic In Consultation With AlanDevelopment Lunt, Strategic Director Place Ward(s) Affected All

Date of Decision 27 January 2017 Reference PLA/05/2017

Fees and Charges -Visitor Economy & Cultural Services (HImley Hall and Town Hall Technical Fees) Addendum

1.1 That the scale of charges attached as appended documents be approved.

That the Chief Officer Planning and Economic Development be authorised to allow variations to the approved list of fees and charges to cover incidents of reduced service levels, sales promotions, social inclusion programmes and charitable events.

In addition to the core fees and charges in each of the service areas, the additional subsidiary fees and charges for goods for resale, equipment hire, course and activity programmes , concerts and events , specialist services , concessions and sundry items are set locally by managers and approved by the Chief Officer.

6. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Hilary Bills X Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected All

Date of Decision 22 December 2016 Reference PLA/42/2016

DVSA Test for New Taxi Drivers

To provide DVSA style assessments to new taxi drivers for a fee of £79.66 – with effect from 1st January 2017.

7. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Hilary Bills X Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected All

Date of Decision 22 December 2016 Reference PLA/43/2016

Managing Short Trips Project - Deed of Variation Agreement with Transport for West Midlands

1.1 That the Council enter into a second ‘Deed of Variation’ agreement with Transport for West Midlands (TfWM) relating to the implementation of the ‘Managing Short Trips’ project.

219 8. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Hilary Bills X Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected

Date of Decision 19 January 2017 Reference PLA/02/2017

To Introduce a Prohibition of Driving Traffic Regulation Order on Mears Coppice, Brierley Hill

That the proposals of the following Order be introduced as advertised:

The Borough Council of Dudley (Mears Coppice, Brierley Hill) (Prohibition of Driving) (Number 5 Order Type) Order 2016.

9. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Hilary Bills X Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected

Date of Decision 19 January 2017 Reference PLA/03/2017

ALLOCATION OF NEW ROAD NAME OFF KETLEY HILL ROAD, DUDLEY

The road identified on plan no. T&T/D/RN/217 (Appendix A) be named Golden Eagle Rise, Dudley.

10. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Hilary Bills X Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected Netherton, Woodside & St.Andr Date of Decision 19 January 2017 Reference PLA/04/2017

ALLOCATION OF NEW ROAD NAME OFF LEA BANK ROAD, NETHERTON

The road identified on plan no. T&T/D/RN/216 be named Murray Grey Mews, Netherton.

220 11. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Hilary Bills X Authorised By Councillor Hilary Bills, Cabinet Member for Environmental Services In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected Norton

Date of Decision 01 February 2017 Reference PLA/06/2017

SAFER ROUTES TO SCHOOL SCHEME - GIG MILL PRIMARY SCHOOL

That the Safer Routes to School Scheme for Gig Mill Primary School, which includes the Borough Council of Dudley (Heath Farm Road/The Broadway and surrounding streets, Stourbridge) (Restriction of Waiting) (No. 3 Order Type) (Stourbridge Area) Order 2016, be introduced as advertised.

12. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All

Date of Decision 02 December 2016 Reference PPL/42/2016

Local Consultation on Schools Funding Formula: Funding Arrangements and Proposed Changes for 2017/18

To confirm the Strategic Director People’s decisions following the outcomes in respect of the Local Consultation “Schools Funding Formula: Funding Arrangements and Proposed Changes for 2017/18” that ended on 8th November 2016, and to approve the school funding formula for mainstream schools for 2017/18.

13. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All

Date of Decision 22 December 2016 Reference PPL/02/2017

Dudley Schools Forum School Member Appointments

In respect of Dudley Schools Forum, to approve the appointment of three Schools Members from 1st January 2017.

221 14. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All

Date of Decision 22 December 2016 Reference PPL/01/2017

Local Consultation on Schools Funding Formula: Funding Arrangements and Proposed Changes for 2017-18

To confirm the Strategic Director People’s decisions following the outcomes in respect of the Local Consultation “Schools Funding Formula: Funding Arrangements and Proposed Changes for 2017/18” that ended on 8th November 2016, and to approve the school funding formula for mainstream schools for 2017/18.

15. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected Halesowen South

Date of Decision 16 January 2017 Reference PPL/03/2017

Academy Order for Lapal Primary School

The Secretary of State for Education has issued an Academy Order for Lapal Primary School to open as an Academy from 1st February 2017 with Hales Valley Academy Trust. From this date it will cease to be a maintained school.

In order for Lapal Primary School to convert to academy status the Council is required to carry out a number of tasks to facilitate the conversion. This decision sheet is seeking approval to carry out these tasks; 1. Approve the signing of a Commercial Transfer Agreement which transfers assets from the Council to the academy trust. 2. Approve the Council entering into a lease for the site. 3. Approve the TUPE transfer of personnel from the employ of the Council to the employ of the academy trust, under the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (TUPE) 4. Approve the making of any other agreements to facilitate the transfer.

222 16. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Ian Cooper X Authorised By Councillor Ian Cooper, Cabinet Member for Children's Services In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected Hayley Green & Cradley South

Date of Decision 16 January 2017 Reference PPL/04/2017

Academy Order for Lutley Primary School

The Secretary of State for Education has issued an Academy Order for Lutley Primary School to open as an Academy from 1st February 2017 joining Hales Valley Academy Trust. From this date it will cease to be a maintained school.

In order for Lutley Primary School to convert to academy status the Council is required to carry out a number of tasks to facilitate the conversion. This decision sheet is seeking approval to carry out these tasks; 1. Approve the signing of a Commercial Transfer Agreement which transfers assets from the Council to the academy trust. 2. Approve the Council entering into a lease for the site. 3. Approve the TUPE transfer of personnel from the employ of the Council to the employ of the academy trust, under the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (TUPE) 4. Approve the making of any other agreements to facilitate the transfer.

17. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Rachel Harris X Authorised By Councillor Rachel Harris, Cabinet Member for Health and Wellbeing In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All

Date of Decision 28 December 2016 Reference PPL/46/2016

Proposal to increase charges for businesses to be listed in the Fix a Home Scheme operated by the Council and Age UK Dudley.

To increase charges for businesses to be listed in the Fix a Home Scheme (FAHS) operated by the Council and Age UK Dudley.

To set a charge of £150 per listing in one category from 1st January 2017 to 31st March 2018. The fee to be included in a second category will increase to £35.Then in April 2018 the annual fee will be raised to £180 with the fee for a second category remaining at £35.

223 18. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Rachel Harris X Authorised By Councillor Rachel Harris, Cabinet Member for Health and Wellbeing In Consultation With Tony Oakman, Strategic Director People Ward(s) Affected All

Date of Decision 29 December 2016 Reference PPL/47/2016

Procurement of Integrated Adult Wellness Service

Following a robust tendering process in respect of Integrated Adult Wellness Service (IAWS), Award the contract for IAWS to Solutions 4 Health who as an organisation describe themselves as the following and are registered with Companies House, incorporated in January 2008, Registration Number 06475161.

19. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Peter Lowe X Authorised By Councillor Peter Lowe, Cabinet Member for Policy and Leader of the Council In Consultation With Iain Newman, Chief Officer Finance and Legal Services Ward(s) Affected All

Date of Decision 22 December 2016 Reference PLA/41/2016

Very Light Rail Innovation Centre and Test Track Project

1.1 To approve the inclusion of £840k expenditure relating to the Very Light Railway Project into the Capital Programme , subject to the approval of the grant application made to the Local Enterprise Partnership (LEP)

20. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Peter Lowe X Authorised By Councillor Peter Lowe, Cabinet Member for Policy and Leader of the Council In Consultation With Sarah Norman, Chief Executive Ward(s) Affected All

Date of Decision 19 January 2017 Reference CEX/02/2017

Deputising Arrangements

This decision sheet proposes formal deputising arrangements for all Statutory posts at the Council in order to increase resilience and aid retention and succession planning.

224 21. Delegated Decision Summary Exempt Yes No Decision Made By Councillor John Martin X Authorised By Councillor John Martin, Cabinet Member for Corporate Transformation and In Consultation With AdrianPerformance McCormick, Chief Officer - Transformation Ward(s) Affected All

Date of Decision 07 December 2016 Reference CEX/15/2016

Housing (HRA) staffing changes

To approve the appointment of a number of Housing staff, who will be entirely funded by the Housing Revenue Account (HRA). The requirement arises as a result of increases in workload, external pressures (for instance the government’s welfare reform policies), implementation of council savings proposals (for instance the in-sourcing of gas servicing) and service improvement recommendations from the recent inspection of the housing service by Ark consultancy.

225 22. Delegated Decision Summary Exempt Yes No Decision Made By Councillor John Martin X Authorised By Councillor John Martin, Cabinet Member for Corporate Transformation and CouncillorPerformance Qadar Zada, Cabinet Member for Adult Social Care In Consultation With Adrian McCormick, Chief Officer - Transformation Adrian McCormick, Chief Officer - Transformation Ward(s) Affected All

Date of Decision 05 January 2017 Reference CEX/01/2017

Creation of 4 new posts in Assessment & Reviewing Project Team for 12 month period

Creation of new posts - 4 Fixed Term Contracts and 1 Secondment opportunity - 12 Month periods only.

**Assistant Team Manager Post x 1 (Grade 11) Secondment opportunity to be advertised internally to the organisation.

**Social Worker Posts x 3 – (Grade 8)

**Business Change Officer Post x 1 (Grade 6)

To set up an Assessment and Reviewing Project Team for a 12 month period to undertake the following tasks as identified as part of the Red Quadrant Consultancy Review and the Peer Review - Best Use of Resources completed in 2015/16. To review all Residential and Nursing Care Packages for Working Age Adults costing over £500 per week with a particular focus on identifying whether individual needs can be met within the current setting more effectively and economically.

Review the under Utilisation of Direct Payments in respect of Care Packages and to recoup any under spend as part of the Re- Assessment of Care and Support Needs. Implement Outcome Based Commissioning and Assessments for all community based adult social care packages costing more than £500 per week to provide service efficiencies. Specifically related to Working Age Adults / Pan Disability.

For the purpose of this project Pan Disability is defined as People who have a Learning Disability, Autism, Physical Disability / Sensory Impaired and ADHD, as this group has been described as high cost in comparison to other comparator local authorities. To recruit to Fixed Term Contract posts as detailed below on an Invest to Save basis for 12 months from the 1st January 2017 - 31st December 2017, within the Whole Life Disability Service.

• Assistant Team Manager – 1 FTE Grade 11 post • Social Worker – 3 FTE Grade 8 posts • Business Change Officer – 1 FTE Grade 6 post

These posts are crucial to the delivery of identified efficiency savings outlined from the Red Quadrant Consultancy Reviews and the Peer Review - Best use of Resources. It is anticipated that these posts will deliver the proposed Efficiency Targets of £1.112m in 2017/18 rising to £1.748m by 2019/20.

226 23. Delegated Decision Summary Exempt Yes No Decision Made By Councillor John Martin X Authorised By Councillor John Martin, Cabinet Member for Corporate Transformation and CouncillorPerformance David Sparks, Cabinet Member for Finance and Legal Services In Consultation With Adrian McCormick, Chief Officer - Transformation Adrian McCormick, Chief Officer - Transformation Ward(s) Affected All

Date of Decision 23 January 2017 Reference CEX/03/2017

Creation of an Income Officer

To increase the establishment of Revenue and Benefit Services by 1 FTE (Income Officer position) initially for up to a 12 month period.

This post will require additional funding but is intended to become self funding over time.

24. Delegated Decision Summary Exempt Yes No Decision Made By Adrian McCormick X Authorised By Adrian McCormick, Chief Officer - Transformation In Consultation With Councillor John Martin, Cabinet Member for Corporate Transformation and Performance Ward(s) Affected All

Date of Decision 30 November 2016 Reference CEX/14/2016

Discretionary Compensation Arrangements – Redundancy and Early Retirements and Managing Employees at Risk of Redundancy (MEARR) Policy

To agree revisions to the Discretionary Compensation Arrangements – Redundancy and Early Retirements, in accordance with the decisions made by the Cabinet in principle on 10th November 2016, that the Chief Officer (Corporate Transformation & Performance) in consultation with the Cabinet Member and Opposition Spokespersons for Corporate Transformation and Performance be authorised to take any actions that may be required as a matter of urgency by no later than 30th November, 2016.

To agree the revisions to the Managing Employees at Risk of Redundancy (MEARR) policy in accordance with the decisions made by the Cabinet in principle on 10th November 2016, that the Chief Officer (Corporate Transformation and Performance) in consultation with the Cabinet Member and Opposition Spokespersons for Corporate Transformation and Performance be authorised to take any actions that may be required as a matter of urgency by no later than 30th November 2016.

To enable all necessary timescales to be complied with and to minimise/mitigate risks associated with above, this decision be treated as a matter of special urgency under Access to Information Procedure Rules (Rule 15) and as a matter of urgency under Scrutiny Committee Procedure Rules (Rule 15(i)) and be implemented with immediate effect without being subject to the ‘call in’ procedures.

227 25. Delegated Decision Summary Exempt Yes No Decision Made By Councillor Gaye Partridge X Authorised By Councillor Gaye Partridge, Cabinet Member for Housing In Consultation With Alan Lunt, Strategic Director Place Ward(s) Affected All

Date of Decision 11 January 2017 Reference PLA/01/2017

Clearance Plan for Netherton High rise

1.1 To award clearance priority to all secure tenants of Arley, Compton, Manor and Wells Courts with effect from January 2017, with each tenant’s original tenancy start date as the band start date.

1.2 To allow bids for any suitable eligible property, with the additional provision that tenants under 40 may move to mature blocks and tenants under 30 to 30+ blocks providing they have maintained satisfactory tenancies in the Netherton blocks and are considered suitable.

1.3 To give affected tenants priority consideration for suitable new build properties where this can be included in new build Lettings Plans.

1.4 To give affected tenants priority consideration for all relet vacancies suitable for single people and couples in the Netherton, Darby End and Buffery (Lister Road/Abbey Road bungalows) lettings areas, except where there is another applicant with an urgent and overriding need authorised by a Head of Service.

1.5 To give Netherton high rise tenants the opportunity to register an interest in returning to any new social housing developed on the site, and to include proposals for giving them some priority within the lettings plan for any such homes.

228