Public Document Pack Executive Board Thursday, 8 April 2010 2.00 p.m. Marketing Suite, Municipal Building Chief Executive ITEMS TO BE DEALT WITH IN THE PRESENCE OF THE PRESS AND PUBLIC PART 1 Item Page No 1. MINUTES 2. DECLARATION OF INTEREST Members are reminded of their responsibility to declare any personal or personal and prejudicial interest which they have in any item of business on the agenda no later than when that item is reached and, with personal and prejudicial interests (subject to certain exceptions in the Code of Conduct for Members), to leave the meeting prior to discussion and voting on the item. 3. LEADER'S PORTFOLIO (A) BYE-LAW ON MINIMUM PRICE OF ALCOHOL 1 - 29 (B) LOCALITY WORKING 30 - 40 Please contact Angela Scott on 0151 471 7529 or [email protected] for further information. The next meeting of the Committee is on Tuesday, 18 May 2010 Item Page No 4. CHILDREN AND YOUNG PEOPLE PORTFOLIO (A) SCHOOL ADMISSIONS ARRANGEMENTS 2011- 41 - 75 KEY DECISION (B) PRIMARY SEN UNIT REVIEW - KEY DECISION 76 - 104 (C) SCHOOL ORGANISATION - THE HEATH A 105 - 125 SPECIALIST TECHNOLOGY COLLEGE- KEY DECISION (D) COMMISSIONING OF POST 16 PROVISION IN 126 - 145 HALTON- KEY DECISION (E) PLAYBUILDER PROJECT 146 - 156 5. HEALTH AND SOCIAL CARE PORTFOLIO (A) PREVENTION & EARLY INTERVENTION 157 - 222 STRATEGY (B) HEALTH AND SOCIAL CARE INTEGRATION 223 - 230 (C) REVISED BLUE BADGE POLICY, PROCEDURE 231 - 337 AND PRACTICE 6. COMMUNITY PORTFOLIO (A) SCRUTINY REVIEW OF ADAPTATIONS FOR 338 - 452 DISABLED PEOPLE 7. PLANNING, TRANSPORTATION, REGENERATION AND RENEWAL PORTFOLIO (A) HALTON LOCAL TRANSPORT PLAN (LTP3) 453 - 503 CHALLENGES & OPPORTUNITIES: APPROVAL FOR A PERIOD OF CONSULTATION (B) TRANSPORT CAPITAL IMPLEMENTATION 504 - 512 PROGRAMME 2010/11 8. ENVIRONMENT, LEISURE AND SPORT PORTFOLIO (A) WIDNES RECREATION CLUB 513 - 516 9. CORPORATE SERVICES PORTFOLIO (A) CALENDAR OF MEETINGS 2010/11 517 - 519 Item Page No (B) HALTON BOROUGH COUNCIL'S PEOPLE 520 - 576 STRATEGY (C) CORPORATE INFORMATION GOVERNANCE 577 - 605 HANDBOOK AND ALLIED POLICIES PROCEDURE- KEY DECISION 10. QUALITY AND PERFORMANCE PORTFOLIO (A) CORPORATE CUSTOMER SERVICE STANDARDS 606 - 619 PART II ITEMS CONTAINING “EXEMPT” INFORMATION FALLING WITHIN SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AND THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 In this case the Board has a discretion to exclude the press and public and, in view of the nature of the business to be transacted, it is RECOMMENDED that under Section 100A(4) of the Local Government Act 1972, having been satisfied that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 of Part 1 of Schedule 12A to the Act. 11. ENVIRONMENT, LEISURE AND SPORT PORTFOLIO (A) RECYCLING REWARD SCHEME 620 - 626 In accordance with the Health and Safety at Work Act the Council is required to notify those attending meetings of the fire evacuation procedures. A copy has previously been circulated to Members and instructions are located in all rooms within the Civic block. Page 1 Agenda Item 3a REPORT TO: Executive Board DATE: 8 April 2010 REPORTING OFFICER: Chief Executive SUBJECT: Byelaw on Minimum Price of Alcohol WARDS: Borough-wide 1.0 PURPOSE OF THE REPORT 1.1 To consider a request made to the Council to introduce a byelaw on the minimum price of alcohol. 2.0 RECOMMENDATION: That (1) the Executive Board support the introduction of a byelaw on the minimum price of alcohol; (2) subject to the approval of Full Council the Chief Executive be authorised to take all necessary steps to introduce a byelaw on the minimum price of alcohol; and (3) the Chief Executive be authorised to support the efforts of other local authorities and organisations in achieving a minimum price for the sale of alcohol. 3.0 SUPPORTING INFORMATION 3.1 There is currently no national legislation which imposes a minimum unit price for alcohol or makes it possible for local authorities to impose a minimum price. 3.2 The Council has been contacted by the campaigning organisation ‘Our Life’ with a view to introducing a byelaw to impose a minimum unit price of 50p per unit for the sale of alcohol. Other local authorities in the North West are also being approached. The attached paper provides the case for minimum pricing. 3.3 Byelaw-making powers exist in a number of statutes but this proposal relates to the ‘good rule and government’ powers in section 235 Local Government Act 1972. The proposal is to develop a model byelaw which would be approved by the Secretary of State and which could then be adopted by local authorities knowing that they would be confirmed by the Secretary of State. 3.4 The Board is advised that there is a risk such a byelaw is unlikely to be approved by the Secretary of State for the following reasons: Page 2 3.4.1 There are a number of tests that a byelaw must pass if it is to be valid and enforceable (let alone if it is to stand a chance of being confirmed by the Secretary of State). The relevant test for present purposes is that a byelaw must not be repugnant to the general law. A byelaw is not repugnant to the general law merely because it creates a new offence and says that something shall be unlawful which the statute or common law does not expressly say is lawful. It is repugnant if it makes unlawful that which the general law says is lawful, or, on the other hand, if it purports to do something inconsistent with the general law. 3.4.2 There is no mention in the proposal of maintaining the value of the unit cost in real terms (i.e. inflation-proofing). This is not a concept that is dealt with in byelaws but is relatively simple to achieve in statutory instruments. 3.5 However, as Our Life point out, “regardless of whether Section 235 is used and the proposed byelaw is approved, it would represent an appropriate and direct means of voicing the minimum unit price objective.” In other words, the byelaw proposals may be seen as a wider campaigning device, ultimately resulting in national legislation. This was the case in respect of the anti-smoking legislation introduced a couple of years ago 4.0 POLICY IMPLICATIONS 4.1 Under the Council’s Constitution making and amending byelaws is a function reserved to full Council. But this proposal falls short of actually making a byelaw and can be dealt with by the Executive Board. 4.2 The issue for the Board to consider is whether is should get involved with a campaign for changing the general law. 4.2 The proposal does not cut across the jurisdiction of the Regulatory Committee. 5.0 OTHER IMPLICATIONS 5.1 The budget implications are unclear. No request for contribution towards the costs of the campaign have been received. 6.0 IMPLICATIONS FOR THE COUNCIL’S PRIORITIES 6.1 Children and Young People in Halton The proposal would contribute towards the Council’s objectives. 6.2 Employment, Learning and Skills in Halton N/a Page 3 6.3 A Healthy Halton The proposal would contribute significantly towards the Council’s Objectives. 6.4 A Safer Halton The proposal would contribute significantly towards the Council’s Objectives. 6.5 Halton’s Urban Renewal N/a 7.0 RISK ANALYSIS No special risks have been identified. 8.0 EQUALITY AND DIVERSITY ISSUES N/a 9.0 LIST OF BACKGROUND PAPERS UNDER SECTION 100D OF THE LOCAL GOVERNMENT ACT 1972 None under the meaning of the Act. Page 4 Alcohol: Minimum Pricing and Licensing Powers Expected outcomes and recommended local actions for Merseyside ISSUES Liverpool Public Health Observatory Issues series, no.10, February 2010 Janet Ubido and Paul Cordy Page 5 Alcohol: Minimum Pricing and Licensing Powers Expected outcomes and recommended local actions for Merseyside ISSUES Liverpool Public Health Observatory ISSUES series, no.10, January 2010 Janet Ubido Researcher Liverpool Public Health Observatory [email protected] Paul Cordy ChaMPs Head of Programme Delivery [email protected] Page 6 Acknowledgements Francesca Bailey, Administrator, Liverpool Public Health Observatory Paul Blackburn, Educational Technologist, University of Liverpool Alison Giles, Director, Our Life Andy Hargreaves, Communications Officer, Drink Wise North West Chris Harwood, Senior Intelligence Manager, NHS Wirral Calum Irving, Head of Campaigns and Advocacy, Our Life Mike Jones, Alcohol Programme Manager, Greater Manchester Public Health Network Dawn Leicester, Network Lead, ChaMPs Steve Morton, Alcohol Harm Reduction Policy Officer, NHS Blackpool Hazel Parsons, Head of Communications and Advocacy for Alcohol, Department of Health North West Robin Purshouse, Research Fellow, University of Sheffield Alex Scott-Samuel, Director, Liverpool Public Health Observatory Claire Tiffany, Public Health Analyst (Alcohol), North West Public Health Observatory Alison Wheeler, Alcohol Manager, DrinkWise North West Liverpool Public Health Observatory Liverpool Public Health Observatory was founded in the autumn of 1990 as a research centre providing intelligence for public health for the five primary care trusts (PCTs) on Merseyside: Liverpool; St.Helens and Halton, Knowsley, Sefton and Wirral. It receives its core funding from these PCTs. The Observatory is situated within the University of Liverpool’s Division of Public Health. It is an independent unit. It is not part of the network of regional public health observatories that were established ten years later, in 2000. Observatory ISSUES Series In October 1994, Liverpool Public Health Observatory launched the ISSUES series.