Agenda and minutes

An apology for absence was received from Councillor S Hill.

To confirm the attached Minutes of the meeting held on 30 September 2015.

The Minutes of the meeting held on 30 September 2015 were approved as a correct record and signed by the Chairman.

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

Councillor S S Chandler declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of her husband being a director in a company which owned privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor P I Carter declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor N Dixon declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor A Friend declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor D Hannent declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor P G Heath declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor N S Kenton declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor P S Le Chevalier declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor S M Le Chevalier declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of her ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor S C Manion declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor D P Murphy declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

Councillor P A Watkins declared a Disclosable Pecuniary Interest (DPI) in Minute No. 59(3) by reason of his ownership of privately rented property and would withdraw from the meeting for the consideration of that item of business.

The Chairman of the Council made the following announcements:

(a)    Paris Attacks

That a one minute silence would be held to remember the 130 people who were killed in the Paris attacks on 13 November 2015.

       The Council stood in silence as a mark of respect.

(b)    Dancing on Armistice Day

The staging of the ‘Dancing on Armistice Day’ cross-channel production between schools in the Dover District and in Dunkirk. The production explained the realities of war and the significance of the act of remembrance.

The first performance had been held earlier in November 2015 at the Duke of York’s Royal Military School. Following the Paris attacks the English schools involved did not travel to Dunkirk for the scheduled second performance and instead it would now be held in March 2016.

To receive an oral report at the meeting from the Leader (and Cabinet) on the business of the Executive or on any topic or subject that it is felt should be brought to the attention of the Council.

In accordance with Council Procedure Rule 10 (Leader’s Time):

(a)  The Leader (and Cabinet) shall have up to 15 minutes to make within this report any statements that they wish on any topic or subject that they feel should be drawn to the attention of the Council.

(b)  The Leader (or their nominee) of the Major Opposition Group (Labour Group) shall be allowed up to 10 minutes to respond.

(c)  The Leader (or their nominee) of the Other Opposition Group (UKIP Group) shall be allowed up to 5 minutes to respond. 

(d)  The Leader of the Council shall be allowed up to 5 minutes to exercise a right of reply (or 25% of the time given to the Opposition Group Leaders, whichever is the greatest).

The Leader of the Council, Councillor P A Watkins, included the following matters in his report:

(a)  The impact of the Comprehensive Spending Review and Autumn Statement for the Council:

·         That the Council had anticipated the removal of the Revenue Support Grant by 2019-2020, which had been reduced for the last 5 years. This combined with announcements relating to business rates and New Homes Bonus meant that the Council would have to be self-sufficient by 2020.

·         That the Council would be able to retain the revenue from business rates although it was not yet clear what formula would be used to distribute the revenue between the tiers of local government. Local Authorities would also be given powers to cut local business rates, although they wouldn’t be able to raise them without the consent of local businesses unless they had an elected mayor.

·         There were discussions on whether the distribution of New Homes Bonus would be changed to support upper tier social care costs. Currently, Dover District Council retained 80% of the New Homes Bonus with the remaining 20% going to Kent County Council.

·         That an additional 2% Council Tax Rise would be permitted to fund social care costs.

·         The announcement of £12 billion allocated to Local Growth Funds distributed via the Local Enterprise Partnerships. The Council had successfully bid for Local Growth Funds in the past.

·         The government would increase the local government Disabled Facilities Grants by £500 million.

·         The announcement of 400,000 new homes and the expansion of schemes to support people buying their own homes. To encourage house building there would be reforms to the planning system, particularly in relation to brownfield sites.

·         The allocation of £250 million to deal with Operation Stack, including the Dover Traffic Assessment Project (TAP).

·         The expansion of the number of Enterprise Zones with a new North Kent Enterprise Zone linked to Ebbsfleet Garden City.

·         The 20% reduction in the Department for Communities and Local Government paybill.

·         £75 million for emergency services communication systems.

(b)  A meeting of Kent Leaders was held on Tuesday 24 November 2015 to discuss the Government’s devolution agenda and the opportunities it presented for local authorities in Kent. The devolution agenda presented the opportunity for local authorities to take on additional powers and responsibilities from Government as well as enabling the sharing of powers between the County Council and District Councils.

There would be further discussions over the devolution agenda and the governance models to deliver it, with Kent authorities divided into 3 or 4 zones. The East Kent zone would consist of Ashford Borough Council, Canterbury City Council, Dover District Council, Shepway District Council and Thanet District Council. One option to be considered was the combined authority model with an elected mayor. It was important that the Council worked to shape the devolution agenda rather than be shaped by it.

(c)  The proposals for the South Kent Coast Health and Wellbeing Board to take on a direct commissioning role. This was supported by all the parties  ...  view the full minutes text for item 52.

To receive answers in respect of questions from the public to Members of the Executive asked in accordance with Rule 11 of the Council Procedure Rules.

Procedure for Questions from the Public

The questions received from the public will be asked in the order in which notice of them was received, except that the Chairman may decide to group together similar questions.

The period for questions by the public shall be limited so that no further questions shall be put after the elapse of 15 minutes from the commencement of the first question. A maximum of three minutes is allowed for the each question to be read.

In addition, a questioner who has put a question in person may also put one supplementary question without notice to the member who has replied to his or her original question. A supplementary question must arise directly out of the original question or the reply.

Afterwards, any other Member at the Chairman's discretion may speak for up to two minutes on a question or reply.

Questions

(a)       Ms P Hamilton will ask the Leader of the Council, Councillor P A Watkins:

          “The need for an accessible toilet and/or changing facility in the Walmer Green/Paddling Pool area has long been accepted. In the past we were working with District Council Officers, Walmer Parish Council and Your Leisure's predecessors on this project. Regrettably because of a failed funding bid and officers involvement with Olympic planning this project was shelved.

          We would now like to work with all interested parties, particularly the District Council as owners of the site, to take this forward. We are happy to be a voluntary sector partner in any funding bid and gather supporting evidence to establish the need.

          The current arrangements prevent disabled people from taking a full and active part in events taking place on Walmer Green and families with a disabled member enjoying the Paddling Pool. We know that this area is popular with people from across the district as well as visitors to the area.”

In accordance with Rule 11 of the Council Procedure Rules, Mrs Pauline Hamilton gave notice of her intention to ask the following question of the Leader of the Council, Councillor P A Watkins:

“The need for an accessible toilet and/or changing facility in the Walmer Green/Paddling Pool area has long been accepted. In the past we were working with District Council Officers, Walmer Parish Council and Your Leisure’s predecessors on this project. Regrettably because of a failed funding bid and officers involvement with Olympic planning this project was shelved.

We would now like to work with all interested parties, particularly the District Council as owners of the site, to take this forward. We are happy to be a voluntary sector partner in any funding bid and gather supporting evidence to establish the need.

The current arrangements prevent disabled people from taking a full and active part in events taking place on Walmer Green and families with a disabled member enjoying the Paddling Pool. We know that this area is popular with people from across the district as well as visitors to the area.”

In response, the Portfolio Holder for Property Management and Public Protection, Councillor T J Bartlett, advised that the Council was working with Deal Speaking Up Group and subject to Cabinet approval, it was expected that the works to the paddling pool toilets would be funded with the work potentially commencing as early as Easter 2016.

Mrs Hamilton thanked Councillor T J Bartlett for his answer.

To receive from Group Leaders any changes to seat allocations or appointments.

Note:   Any changes must be within the approved allocation of seats to political groups in accordance with the political balance rules (where applicable).

Councillor P A Watkins informed the Council that Councillor D P Murphy would replace Councillor S C Manion on the Regulatory Committee.

(It was subsequently noted that Councillor D P Murphy was already a member of the Licensing Committee and could not be appointed to it as a replacement for Councillor S C Manion.)

Up to 60 minutes is allowed for this part of the meeting unless extended by the Chairman of Council on a motion moved, duly seconded and approved by the Council.  Members may ask one supplementary question in addition to their original question.

(a)        To Chairmen/Vice-Chairmen of Committees

            To receive answers in respect of questions from Members of the Council to the Chairman or Vice-Chairman of the Council or the Chairman of any Committee or Sub-Committee asked in accordance with Rule 12 of the Council Procedure Rules.

            There are no items of business.

(b)        To the Executive

            To receive answers in respect of questions from Members of the Council to a Member of the Executive asked in accordance with Rule 12 of the Council Procedure Rules.

(1)    Councillor A S Pollitt will ask the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:

“Would the Portfolio Holder for Corporate Resources and Performance consider setting up a cross-party committee to evaluate the future allocation of funds held in the District Regeneration and Economic Development Reserve?”

(2)    Councillor P M Brivio will ask the Portfolio Holder for Housing, Health and Wellbeing, Councillor P M Beresford:

“Does the Portfolio Holder for Housing, Health and Wellbeing consider that the tax changes introduced in the summer budget affecting "Buy to Let" landlords will have an impact on the supply of private rented accommodation in the Dover district, which is increasingly the only option for those in housing need?”

(3)    Councillor M I Cosin will ask the Portfolio Holder for Property Management and Public Protection, Councillor T J Bartlett:

“At a time when the United Kingdom is being investigated by the United Nations Committee on the Rights of Persons with Disabilities over violations of disabled people's human rights, does the Portfolio Holder for Property Management and Public Protection agree that this Council's procrastination over the updating of the toilets by Walmer Paddling Pool needs to be addressed urgently?”

(4)    Councillor J Heron will ask the Portfolio Holder for Housing, Health and Wellbeing, Councillor P M Beresford:

“Currently the mechanism that is now in place is that a House of Multiple Occupation is inspected only when its licence is up for renewal every 5 years. Would the Portfolio Holder for Housing, Health and Wellbeing agree with me that a more robust and stringent procedure is required to manage and make more accountable the landlords of Houses of Multiple Occupation?”

(5)    Councillor P Walker will ask the Portfolio Holder for Skills, Training, Tourism, Voluntary Services and Community Safety, Councillor K E Morris:

“Will the Portfolio Holder for Skills, Training, Tourism, Voluntary Services and Community Safety specify how this Council's interests in Your Leisure are monitored?”

(6)    Councillor D G Cronk will ask the Leader of the Council, Councillor P A Watkins:

“Given the Prime Minister's readiness to provide the assistance of the Number 10 Policy Unit to Oxfordshire County Council, does the Leader of the Council have any plans to seek similar assistance to combat the disastrous  ...  view the full agenda text for item 55.

In accordance with Council Procedure Rule 12, Members of the Cabinet and the Chairman of the Licensing Committee responded to the following questions:

(1)  Councillor A S Pollitt asked the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:

“Would the Portfolio Holder for Corporate Resources and Performance consider setting up a cross-party committee to evaluate the future allocation of funds held in the District Regeneration and Economic Development Reserve?”

In response the Leader of the Council, Councillor P A Watkins, advised that a cross-party committee would not be set-up and the allocation of funds would be made through the Medium Term Financial Plan as normal, which would be subject to the scrutiny process.

In accordance with Council Procedure Rule 12.5, Councillor A S Pollitt exercised his right to ask one supplementary question to which a verbal answer was given.

(2)  Councillor P M Brivio asked the Portfolio Holder for Housing, Health and Wellbeing, Councillor P M Beresford:

“Does the Portfolio Holder for Housing, Health and Wellbeing consider that the tax changes introduced in the summer budget affecting "Buy to Let" landlords will have an impact on the supply of private rented accommodation in the Dover district, which is increasingly the only option for those in housing need?”

In response, the Portfolio Holder for Housing, Health and Wellbeing advised that it was difficult at this stage to predict what impact, if any, the changes would have on ‘Buy to Let’ landlords and the supply of privately rented housing in the district.

In accordance with Council Procedure Rule 12.5, Councillor P M Brivio exercised her right to ask one supplementary question to which the Portfolio Holder advised that a written reply would be provided.

(3)  Councillor M I Cosin asked the Portfolio Holder for Property Management and Public Protection, Councillor T J Bartlett:

“At a time when the United Kingdom is being investigated by the United Nations Committee on the Rights of Persons with Disabilities over violations of disabled people's human rights, does the Portfolio Holder for Property Management and Public Protection agree that this Council's procrastination over the updating of the toilets by Walmer Paddling Pool needs to be addressed urgently?”

The Chairman and Councillor M I Cosin agreed that this question had already been answered under public questions.

In accordance with Council Procedure Rule 12.5, Councillor M I Cosin exercised her right to ask one supplementary question to which a verbal answer was given.

(4)  Councillor J Heron asked the Portfolio Holder for Housing, Health and Wellbeing, Councillor P M Beresford:

“Currently the mechanism that is now in place is that a House of Multiple Occupation is inspected only when its licence is up for renewal every 5 years. Would the Portfolio Holder for Housing, Health and Wellbeing agree with me that a more robust and stringent procedure is required to manage and make more accountable the landlords of Houses of Multiple Occupation?”

In response, the Portfolio Holder for Housing, Health and Wellbeing advised that the  ...  view the full minutes text for item 55.

To consider the attached report of the Leader of the Council.

The annual State of the District report was introduced by Councillor P A Watkins, who thanked the Head of Leadership Support and her team for their work in compiling the document.

It was moved by Councillor P A Watkins and duly seconded:

RESOLVED:  That the report and actions being taken through the Corporate Plan 2012-16 and Cabinet be noted.

To consider the attached report of the Head of Regulatory Services.

The Chairman of the Licensing Committee, Councillor P S Le Chevalier, introduced the report on the Review of the Statement of Licensing Policy.

It was moved by Councillor P S Le Chevalier and duly seconded:

“That the revised Statement of Licensing Policy, with the suggested amendments following consultation responses, be approved for implementation on 7 January 2016 and that it be agreed that there was currently no evidential basis for a special policy relating to cumulative impact.”

An AMENDMENT was moved by Councillor B Gardner and duly seconded that

“That the Licensing Policy be amended so that Licensing Authority will notify every Parish Council and every Town Council in the district of every licensing application when it is received.”

On being put to the meeting, the Amendment was LOST.

An AMENDMENT was moved by Councillor B Gardner and duly seconded that

“That the revised Statement of Licensing Policy, with the suggested amendments following consultation responses, be approved for implementation on 7 January 2016 and that it be agreed that a working group be established consisting of 6 Members on a ratio of 3, 2, 1, to be supported by appropriate officers, to report to full Council on the need or otherwise of a cumulative impact assessment/study and to report back at or before the May 2016 Council meeting.”

On being put to the meeting, the Amendment was LOST.

The original Motion was put to the meeting, and

RESOLVED: That the revised Statement of Licensing Policy, with the suggested amendments following consultation responses, be approved for implementation on 7 January 2016 and that it be agreed that there was currently no evidential basis for a special policy relating to cumulative impact.

To consider the attached report of the Director of Governance.

It was moved by Councillor M D Conolly, duly seconded and

RESOLVED:  (a)   That the Council’s continued participation in the East Kent Joint Independent Remuneration Panel be confirmed until 30 November 2019.

                        (b)   That Mr W Ferrier and Mr A Goodall be appointed by the Council to the East Kent Joint Independent Remuneration Panel for a four year term commencing 1 December 2015.

                        (c)   That the Director of Governance be authorised to agree to agree the arrangements for the administrative support of the East Kent Joint Independent Remuneration Panel.

Motions for which notice has been given are listed on the agenda in the order in which notice was received, unless the Member giving notice states, in writing, that they propose to move it at a later meeting or withdraw it.

If a Motion set out in the agenda is not moved by the Member who gave notice thereof it shall, unless postponed by consent of the Council, be treated as withdrawn and shall not be moved without fresh notice.

A Motion must be about matters for which the Council has powers or duties or which affects the District.

(1)  In accordance with Council Procedure Rule 13, Councillor G Rapley will move:

"This Council considers that the people of Dover should receive either a new or re-developed leisure centre within the town of Dover. Options should be explored for either re-developing the facility on the existing site, or for constructing a new facility on a suitable alternative site close to the town centre.”

(2)  In accordance with Council Procedure Rule 13, Councillor A S Pollitt will move:

“This Council agrees that private sector housing in the UK needs more regulation and reform. Consequently this Council requests that Government brings in legislation to outlaw rooms smaller than 6.5 square metres being let as bedrooms in multiple occupation properties.”

(1)  Motion from Councillor G Rapley

In accordance with Council Procedure Rule 13, Councillor G Rapley gave notice of her intention to move the following Motion:

“This Council considers that the people of Dover should receive either a new or re-developed leisure centre within the town of Dover. Options should be explored for either re-developing the facility on the existing site, or for constructing a new facility on a suitable alternative site close to the town centre.”

The Motion was duly seconded.

An Amendment was moved by Councillor S F Bannister and duly seconded:

“This Council considers that the people of Dover District should receive either a new or re-developed leisure centre. Options should be explored for either re-developing the facility on the existing site, or for constructing a new facility on a suitable alternative site that is easily accessible to all.”

Following debate on the Amendment, Councillor G Rapley with the consent of her seconder and the meeting withdrew her original Motion.

(Councillor T A Bond declared a Disclosable Pecuniary Interest (DPI) in the Motion at Minute No. 59(1) by reason of his wife’s employment by Your Leisure and withdrew from the meeting for the consideration of the matter.)

(2)  Election of a Chairman

In the absence of the Chairman and Vice-Chairman who withdrew from the meeting following their declarations of a Disclosable Pecuniary Interest (DPI) in the Motion at Minute No. 59(3), the Head of Democratic Services called for nominations for the Chairman for the next item of business.

It was proposed by Councillor M R Eddy and duly seconded that Councillor M I Cosin be elected Chairman for the next item of business.

It was proposed by Councillor F J W Scales and duly seconded that Councillor N J Collor be elected Chairman for the next item of business.

On being put to the meeting it was

RESOLVED: That Councillor M I Cosin be elected Chairman for the next item of business.

(3)  Motion from Councillor A S Pollitt

In accordance with Council Procedure Rule 13, Councillor A S Pollitt gave notice of his intention to move the following Motion:

“This Council agrees that private sector housing in the UK needs regulation and reform. Consequently this Council requests that Government brings in legislation to outlaw rooms smaller than 6.5 square metres being let as bedrooms in multiple occupation properties.”

An Amendment was moved by Councillor M R Eddy and duly seconded:

“This Council believes the government needs to legislate for greater powers to investigate and to enforce regulation in the private housing sector. To pay for this Dover District Council urges the government to look at Councillors who are major landlords in the sector and to impose a levy on local authority political Groups. We proposed a rate of £50 per property if members of a Group collectively own more than 20 houses between them.”

The Chairman ruled that the Amendment was not admissible as it displaced the original Motion.

In the absence of a valid Amendment  ...  view the full minutes text for item 59.

There were no items of urgent business.