Agenda and minutes

To receive any apologies.

Apologies for absence were received on behalf of Councillors Fitzgerald and Marsh-Jenks.

To authorise the signing of the minutes of the Special Council and Council Meetings held on 15^th September 2010, attached.

RESOLVED that the minutes of the Special Council and Council Meetings held on 15^th September 2010 be approved and signed as correct records.

Matters especially brought forward by the Mayor and the Leader.

1. Commonwealth Games and Special Olympics

The Mayor welcomed Max Brick, winner of a Gold Medal in Synchro 3 metre springboarddiving at the recent Commonwealth Games held in Delhi, Chris Mears, who came 4^th in this event, together with their Diving Coach, Lindsay Fraser. The Mayor also welcomed the Gold medal winner in the Long Jump at the Special Olympics in Poland, Wayne Taylor. On behalf of the Council, the Mayor congratulated them on their achievements and presented them each with an award and a certificate in recognition of their outstanding success.

2. New Chief Executive

The Mayor welcomed Alistair Neill as the Council’s new Chief Executive to his first meeting of the Council.

3. Mayor’s Charity Ball

The Mayor reminded Members that her Charity Ball would take place on Friday 28 January at 7pm with a Reception in the Art Gallery followed by Dinner in Southampton Guildhall.  Further information and booking forms could be obtained from the Mayor’s Office.

To receive any requests for Deputations, Presentation of Petitions or Public Questions.

(i)  The Council received a deputation from Val Abbot concerning rent cards and the location of pay point for the Weston Tower Block;

NOTE: Councillor Drake declared a personal interest in the above matter, as a Council tenant, and remained in the meeting during the consideration of the matter.

(ii)  The Council received a deputation together with a petition from Anna Matthews concerning a safe road crossing on Chapel Road.

Report of the Leader of the Council, attached.

The report of the Leader of the Council was submitted, setting out the details of the business undertaken by the Executive (copy of report circulated with agenda and appended to signed minutes).

The Leader and the Cabinet made statements and responded to Questions.

The following questions were then submitted in accordance with Council Procedure Rule 11.1:

1. Street Promotions

Question from Councillor Vinson to Councillor Smith

Would the Leader please outline the procedure for approval of commercial promotions in the City Centre?

Answer:

I am advised that there is no legal requirement for approval of commercial promotions in the City Centre which do not involve the sale of goods or placing of objects on the highway.

The background is:

For street trading purposes, the Above Bar pedestrian precinct is a consent street (limited to flowers and newspapers only); Guildhall Square is a consent street, and the rest in the city centre, are prohibited streets. The City Centre Manager has encouraged activities, especially in the area by the Bargate, which have included the distribution of free samples; these are not classed as street trading.

Street trading is the sales of goods (selling or exposing or offering for sale of any article), unless exempt, which includes:

·  pedlars with pedlars certificates (from the Police)

·  statutory or charter markets or fairs

·  news vendors

·  trading at shop premises or in a street adjoining shop premises as part of their business

·  trading by roundsmen

·  anything authorised by Part VIIA of the Highways Act 1980 (objects, structures, recreation or refreshment on the highway)

·  authorised charitable collections

The promotional activities by the Bargate (together with the markets promoted by the city centre manager there and in Above Bar precinct) are subject to consent under Part VIIA of the Highways Act 1980, Other promotions, such as the distribution of free samples, don’t need permission. If the highway is obstructed, the Police would be able to take appropriate action. The distribution of handbills advertising businesses, entertainments etc “to the annoyance of passengers” is dealt with by a 1907 bye-law, a copy is available on request. Additionally, the Control of Pollution Act 1974 places a prohibition on the use of amplification for advertising purposes.

2. Council Rent

Question from Councillor Payne to Councillor Baillie

With the Government proposing Council Rents to rise to up to 80 per cent of full market rate, can the Cabinet Member tell Council what the average weekly Council rent in Southampton would be, and does he believe this is affordable for tenants?

Answer:

For 2011/12, the Council has recently been advised that the current rent restructuring arrangements that have applied since April 2002 will continue to apply for a further year.  It is expected that any longer term changes would be announced as part of the wider changes to council housing finance, which are expected to be published early in the new year.

Until we receive these details it remains to be clarified whether the higher rent levels will apply to council rents, whether  ...  view the full minutes text for item 58.

A)  Councillor Drake to move:-

This Council urges the Executive to develop and implement a clear strategy, including the use of Empty Dwelling Management Orders, to bring empty properties in the city back into use.

B)  Councillor Stevens to move:-

This Council will extract the best value from it's commercial/private partners and contractors.

C)  Councillor Turner to move:-

This Council will work closely with the Police and magistrates to encourage and facilitate the use of Restorative Justice in Southampton. The Council also supports the principle of Restorative Justice and the development of a coherent programme of implementation particularly in cases involving young offender.

D)  Councillor Vinson to move:-

This Council urges the City’s three members of Parliament to support the Early Day Motions tabled on the subject of the present Government’s decision to revoke the changes in the Use Classes Order introduced by the previous Government to assist neighbourhoods adversely affected by excessive concentrations of Houses in Multiple Occupation.

This Council also resolves to work with residents to progress, in the context of the Local Development Framework, measures to strengthen the ability to manage excessive concentrations of HMOs.

(a)  Empty Properties

Councillor Drake moved and Councillor Slade seconded:-

“This Council urges the Executive to develop and implement a clear strategy, including the use of Empty Dwelling Management Orders, to bring empty properties in the city back into use.”

UPON BEING PUT TO THE VOTE THE MOTION WAS DECLARED LOST

RESOLVED that the motion be not approved.

(b)Best Value

Councillor Stevens moved and Councillor Bogle seconded:-

“This Council will extract the best value from its commercial/private partners and contractors.”

Amendment moved by Councillor Moulton and seconded by Councillor Parnell:

AMENDMENT

In the first paragraph, 1^st line, delete the word “extract” and replace with “achieve”

AMENDED MOTION TO READ:

“This Council will achieve the best value from its commercial/private partners and contractors.”

UPON BEING PUT TO THE VOTE THE AMENDMENT WAS DECLARED CARRIED

UPON BEING PUT TO THE VOTE THE MOTION AS AMENDED WAS DECLARED CARRIED

RESOLVED that the motion as amended be approved.

(c)  Restorative Justice

Councillor Turner moved and Councillor Sollitt seconded:-

“This Council will work closely with the Police and magistrates to encourage and facilitate the use of Restorative Justice in Southampton. The Council also supports the principle of Restorative Justice and the development of a coherent programme of implementation particularly in cases involving young offenders.”

Amendment moved by Councillor P. Williams and seconded by Councillor Holmes:

AMENDMENT

In the 1^st line, after the words “This Council” deletethe words “will work closely with the Police and magistrates”

and replace with “works closely with its partners and key stakeholders”

In the 3^rd line, after the words “Restorative Justice”, delete the rest of the sentence

and replace with “providing the victim has given consent.” 

AMENDED MOTION TO READ:

“This Council works closely with its partners and key stakeholders to encourage and facilitate the use of Restorative Justice in Southampton. The Council also supports the principle of Restorative Justice providing the victim has given consent.”

UPON BEING PUT TO THE VOTE THE AMENDMENT WAS DECLARED CARRIED

UPON BEING PUT TO THE VOTE THE MOTION AS AMENDED WAS DECLARED CARRIED

RESOLVED that the motion as amended be approved.

(d) Houses in Multiple Occupation

With the consent of the meeting Councillor Vinson altered and moved his motion and Councillor Letts seconded:-

“This Council urges the City's three members of Parliament and the Leaders of all three political groups on the Council to write to the Government Minister responsible for revoking of the Use Class Order introduced by the previous Government to assist neighbourhoods adversely affected by excessive concentrations of Houses in Multiple Occupation. In this letter they should express clear opposition to this change in Policy and state our reasons.

 In addition we urge our local Members of Parliament to sign the Early Day Motions tabled on this subject.

This Council also resolves to work with residents to progress, in the context of the Local Development Framework, measures to strengthen the ability to manage excessive concentration of HMOs.”

Amendment moved by  ...  view the full minutes text for item 59.

To consider any question of which notice has been given under Council Procedure Rule 11.2.

It was noted that no questions to the Chairs of Committees or the Mayor had been received.

To deal with any appointments to Committees, Sub-Committees or other bodies as required.

It was noted that no changes had been made to the appointments to Committees, Sub-Committees or Other Bodies.

Report of the Solicitor to the Council seeking the adoption of a revised Licensing Policy, attached.

The report of the Solicitor to the Council was submitted seeking the adoption of a revised Licensing Policy (copy of the report circulated with the agenda and appended to signed minutes).

Amendment moved by Councillor Dr R. Williams and seconded by Councillor Cunio:-

AMENDMENT TO RECOMMENDATION

Add a final recommendation to read “(iii) That Councillors be informed of licensing applications in their wards in the same manner as is currently the case for planning applications.”

UPON BEING PUT TO THE VOTE THE AMENDMENT WAS DECLARED LOST

RESOLVED that the revised Statement of Licensing Policy as attached at Appendix 1 to the report be approved.

To note that there has not been any use of the call-in procedure over the last six months.

It was noted that there had not been any use of the call-in procedure over the last six months.