Agenda and minutes

To receive and record any apologies for absence.

Apologies for absence were received from Councillors F Edwards and Mrs M Smallcorn.

To confirm the minutes of the meeting of the Council held on 24 July and the extraordinary meeting of the Council held on 2 October 2013.

The minutes of the meeting held on 24 July 2013 and the extraordinary meeting held on 2 October 2013 were agreed as a correct record.

There were no matters arising from the minutes of the meetings held on 24 July and 2 October 2013.

To receive any declarations of interest from Members present.

There were no declarations of interest from any of the members present.

The Leader of the Council gave a report on the medium term financial projection and the difficult budgetary decisions facing the Council over the next few years.  As per the Leader’s written report a day has been set aside on 26^th November to focus on the future direction of the Council. This event will also give all members an opportunity to input into a financial strategy for the Council for 2014-2018.

The Leader was pleased to report that national funding had now been secured for the ASDA roundabout improvement scheme in Bedhamtpon. In addition to this the Leader reported that he and officers are working hard to lever funding that will enable the Dunsbury Hill Farm employment land to be developed.

The Mayor to receive the Highly Commended Certificate won by Havant at the recent Hampshire Federation of Small Business Friendly Awards.

At the recent Hampshire Federation for Small Business Friendly Awards, Havant Borough Council was awarded Highly Commended in the Best All-Round Small Business Friendly Award.   The Award was presented to the Mayor on behalf of the Council by Mr Ken Moon.

The Mayor reported the sad news that the Council’s Buildings and Maintenance Team Leader, Tim Lawman, had passed away.  They Mayor wished to formally record the Council’s condolences to Mr Lawman’s family.

The Council also reported that former Councillor John Hunt had resigned from the Council due to serious ill-health.  The Mayor would be writing to Mr Hunt extending the Council’s good wishes and thanking him for his valued contribution to the Council as a Councillor.

The Mayor gave details of events and civic engagements he had attended since the last meeting Council meeting.

To receive and debate (for a maximum of 15 minutes) a petition received from the Emsworth Business Association on the following matter:

“The recently increased car parking charges in Emsworth, and other areas of Havant Borough, are damaging to business and to our local community.  They exacerbate the problems of parking around local streets, motorists queuing for on-street parking spots and residents being reluctant to visit Emsworth for leisure and to shop.  Ironically they also tend to reduce the revenue raised as motorists avoid using the car parks.

Hayling Island residents have raised a large petition against the recent increases and as a result of that petition, there was a Council debate in July on Hayling Island parking charges.  We wish to raise a similar Emsworth petition to increase the pressure on Havant Borough Council and to ensure that they address Emsworth’s excessive car parking charges”

The petition has been signed by well over the required number of 1,500 Borough residents, triggering a Council debate on the matter.

A representative of the petition organisers has been invited to present the petition to the Council (for a maximum of 5 minutes)

This item must not exceed 20 minutes’ duration (5 minutes for the introduction and 15 minutes for the debate).

The Council received a petition received from the Emsworth Business Association on the following matter:

“The recently increased car parking charges in Emsworth, and other areas of Havant Borough, are damaging to business and to our local community.  They exacerbate the problems of parking around local streets, motorists queuing for on-street parking spots and residents being reluctant to visit Emsworth for leisure and to shop.  Ironically they also tend to reduce the revenue raised as motorists avoid using the car parks.

Hayling Island residents have raised a large petition against the recent increases and as a result of that petition, there was a Council debate in July on Hayling Island parking charges.  We wish to raise a similar Emsworth petition to increase the pressure on Havant Borough Council and to ensure that they address Emsworth’s excessive car parking charges”

Mr Giles Babb presented the petition on behalf of the Emsworth Business Association.  As part of the in-depth review of car parking that was now underway in response to this and another similar petition from Hayling Island residents, Mr Babb urged the Council to look at the particular circumstances of individual car parks when setting charges.

As Environment and Neighbourhood Quality Portfolio Holder, Councillor Collins responded to the petition on behalf of the Council.

The Cabinet Portfolio Holder reports had been circulated and the Mayor asked the Portfolio Holders if they wished to add anything to their written reports.

Councillor Guest reported that benchmarking information about planning appeals circulated at a recent Planning Advisory Service conference had shown that the number of appeals lost by Havant was relatively higher than other Councils.  This would now be subject to review.

To consider any recommended minutes from the Cabinet and any of the Boards or Committees.

(A)       Cabinet meeting held on 4 September 2013

Unauthorised Presence of Horses on Public Open Space

RECOMMENDED to the Council that:

(i)         the Council adopts section 9 of the Hampshire Act 1983 in order to deal with horses, donkeys and mules present on Council owned open space without the permission of the Council;

(ii)        the Council approves a policy of seizing horses, donkeys and mules present on its land without its permission and

(iii)       the Council enters into an agreement with Eastleigh Borough Council to use their internal and external resources to assist with seizure, removal and disposal of horses, donkeys and mules present on Havant Borough Council owned open space without the permission of Havant Borough Council.

(B)       Joint Governance Committee 16 September 2013

            Governance and Audit Committee – Terms of Reference

            RECOMMENDED to the Council that

(i)         the Joint Governance Committee be disbanded; and

(ii)        a Governance and Audit Committee be established and adopt the terms of reference as amended to a membership of seven (7) Councillors;

(iii)       the draft terms of reference for the Governance and Audit Committee as set out below be approved:

1.         Membership

1.1       The Governance and Audit Committee shall consist of 7 councillors, one of whom shall be appointed annually by the Leader of the Council to be the Chairman.

2.         Quorum

2.1       The committee shall be quorate where 3 councillors are present.

3.         Work Programme

3.1       The Governance and Audit Committee shall act as the Audit Committee and will approve the Annual Statement of Accounts. It will also carry out the following:

•           Monitor and review the Council’s Governance arrangements, including the annual Governance Statement and Local Code of Governance;

•           Monitor the use (if any) of the Council’s powers under the Regulation of Investigatory Powers Act 2000 (RIPA); and

•           To formally review the Council’s RIPA policy.

3.2       The Governance and Audit Committee will promote ethical standards within the Council by:

•           Promoting and maintaining high standards of conduct by councillors and co-opted members;

•           Advising the Council on the adoption or revision of the Councillor Code of Conduct;

•           Advising and training councillors and co-opted members on matters relating to ethical governance;

•           Receive reports from the Monitoring Officer on any matter relating to ethical standards within the Council; and

•           Granting dispensations to councillors from requirements relating to disclosable pecuniary interests as set out in the Code of Conduct and as stated in Section 33 of the Localism Act 2011.

3.3       The Governance and Audit Committee will receive and monitor reports from the Local Government Ombudsman and will receive an annual review of the Ombudsman complaints.

3.4       The Governance and Audit Committee will carry out a monitoring and advisory role for matters concerning changes to the Council’s Constitution, upon receiving advice on proposed changes from the Monitoring Officer.

4.         Agenda Items

4.1       The Chairman shall receive prospective agenda items and  ...  view the full agenda text for item 41.

(A)       The Council considered Cabinet minute 21/09/2013 recommending the adoption of legislation in relation to the unauthorised presence of horses on Public Open Space.

Proposed by Councillor G Shimbart and seconded by Councillor C Hilton, it was RESOVLED that:

(i)         the Council adopts section 9 of the Hampshire Act 1983 in order to deal with horses, donkeys and mules present on Council owned open space without the permission of the Council;

(ii)        the Council approves a policy of seizing horses, donkeys and mules present on its land without its permission and

(iii)       the Council enters into an agreement with Eastleigh Borough Council to use their internal and external resources to assist with seizure, removal and disposal of horses, donkeys and mules present on Havant Borough Council owned open space without the permission of Havant Borough Council.

(B)       The Council considered Joint Governance Committee minute 22/09/2013, recommending the dissolution of the Joint Committee and the establishment of a Governance and Audit Committee for Havant Borough Council, consisting of seven members with the following terms of reference:

1.         Membership

1.1       The Governance and Audit Committee shall consist of 7 councillors, one of whom shall be appointed annually by the Leader of the Council to be the Chairman.

2.         Quorum

2.1       The committee shall be quorate where 3 councillors are present.

3.         Work Programme

3.1       The Governance and Audit Committee shall act as the Audit Committee and will approve the Annual Statement of Accounts. It will also carry out the following:

•           Monitor and review the Council’s Governance arrangements, including the annual Governance Statement and Local Code of Governance;

•           Monitor the use (if any) of the Council’s powers under the Regulation of Investigatory Powers Act 2000 (RIPA); and

•           To formally review the Council’s RIPA policy.

3.2       The Governance and Audit Committee will promote ethical standards within the Council by:

•           Promoting and maintaining high standards of conduct by councillors and co-opted members;

•           Advising the Council on the adoption or revision of the Councillor Code of Conduct;

•           Advising and training councillors and co-opted members on matters relating to ethical governance;

•           Receive reports from the Monitoring Officer on any matter relating to ethical standards within the Council; and

•           Granting dispensations to councillors from requirements relating to disclosable pecuniary interests as set out in the Code of Conduct and as stated in Section 33 of the Localism Act 2011.

3.3       The Governance and Audit Committee will receive and monitor reports from the Local Government Ombudsman and will receive an annual review of the Ombudsman complaints.

3.4       The Governance and Audit Committee will carry out a monitoring and advisory role for matters concerning changes to the Council’s Constitution, upon receiving advice on proposed changes from the Monitoring Officer.

4.         Agenda Items

4.1       The Chairman shall receive prospective agenda items and it will be for the Chairman to determine the reasonable timescale in which those items can be considered by the Committee.

5.         Sub-Committee

5.1       A Governance Sub-Committee will be  ...  view the full minutes text for item 41.

(i)         The Leader and Portfolio Holders to answer questions on matters within their portfolio; and

(ii)        Chairmen to answer questions on minutes since the last Council meeting.

The Cabinet Portfolio Holders and Board and Committee Chairmen all answered questions within their remit.

To receive any questions submitted In accordance with Standing Order 23.4 (a).

There were no questions under Standing Order 23.4(a).

To receive any questions submitted in accordance with Standing Order 23.4(b).

There were no urgent questions under Standing Order 23.4(b).

To receive the minutes of meetings held since publication of the last Council agenda.

Proposed by Councillor Mrs G Blackett and seconded by Councillor D Keast, it was RESOLVED that the minutes of the meetings held since publication of the last Council agenda, and set out in the Minute Volume, be accepted.

To receive the following Motion proposed by Councillor D Collins and seconded by Councillor L Turner:

“Backed by Central Government, on 7th December 2013, the UK will be celebrating small businesses up and down the country through Small Business Saturday (SBS). The event, which began in the United States in 2010, is crossing the Atlantic this year to encourage consumers to shop local and shop small, whilst increasing support for UK small businesses both on Small Business Saturday and beyond.

In 2012 the initiative generated an impressive £3.5 billion in sales for US independent businesses and led to an increase in long term sales for many. It encourages people to shop at small independent businesses in their local area and celebrate small businesses’ contribution to their local economies.

Havant Borough Council is committed to actively supporting small businesses throughout the Borough, and to reinforce our commitment to this, Havant Borough Council is to champion the Small Business Saturday initiative within the Borough.

It is proposed that, to support the initiative, on the 7th December 2013 a period of three hours free parking is provided in Town Centre Car Parks across the Borough.  The car parks to be included in the scheme are detailed below:

Cowplain:                   Mission Lane

Waterlooville:             Wellington Way & Rockville Drive

Leigh Park:                Greywell & Tidworth Road

Emsworth:                  South Street & Palmers Rd

Hayling Island:           Health Centre, Elm Grove & Mengham Lane

Havant:                       Town End House, East Pallant, Elmleigh Road, Prince Georges Street, Civic Centre Road East & Civic Centre Road North”

The Council considered a motion proposed by Councillor D Collins and seconded by Councillor L Turner. 

Following the debate, it was RESOLVED that the motion be approved:

To support the Small Business Saturday initiative, on 7 December 2013, a period of three hours free parking be provided in Town Centre Car Parks across the Borough.  The car parks to be included in the scheme are detailed below:

Cowplain:                   Mission Lane

Waterlooville:             Wellington Way & Rockville Drive

Leigh Park:                Greywell & Tidworth Road

Emsworth:                  South Street & Palmers Rd

Hayling Island:           Health Centre, Elm Grove & Mengham Lane

Havant:                       Town End House, East Pallant, Elmleigh Road, Prince Georges Street, Civic Centre Road East & Civic Centre Road North.

In addition, to support this national initiative the council’s economic development team to promote our local centres in the run up to 7^th December as part of our overall  ‘ Shop Local’ campaign and write to the operators of the private shoppers car parks throughout the borough to encourage them to offer similar  parking deals for shoppers on the day.