Meeting documents

To authorise the Chairman to sign, as a correct record, the minutes of the Annual Meeting of the Council held on 18 May 2022.

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the Annual Meeting of the Council held on 18 May 2022.

Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 0:01am (one minute past midnight) two working days before the meeting.  Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Committee Services Team on 01539 733333.

(1)        Questions and Representations

            To receive any questions or representations which have been received from members of the public.

(2)        Deputations and Petitions

            To receive any deputations or petitions which have been received from members of the public.

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) informed Members that the Council had received a request to speak from Mr John Studholme. She noted that the application to speak at Council had been refused under the Council’s General Public Participation Scheme, which was set out in the Constitution (Part 4, Appendix 1, (h) Representations are not permitted where the issue relates to the circumstances of an individual, matters covered by legal or other proceedings or about a member of staff).

No further questions, representations, deputations or petitions had been received from members of the public in respect of this meeting.

To receive declarations by Members of interests in respect of items on this Agenda.

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

No declarations of interest were raised by Members.

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

There were no items in Part II of the Agenda.

To receive announcements by the Chairman (list of engagements recently attended attached).

The Chairman drew attention to the updated list of formal engagements, which had been circulated at the meeting.

To note the Council’s financial performance for 2021/22 and to approve movements to and from reserves and the carry forward of budgets to 2022/23.

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) provided an update from the Overview and Scrutiny Committee, highlighting that the Committee had noted the report and raised a number of questions regarding the figures within the report, no comments had been made for Council to consider.

The Finance and Assets Portfolio Holder presented the Revenue and Capital Outturn 2021/22 report, which set out the Council’s performance for 2021/22 and the impact on reserves. He highlighted the impact of the Covid-19 Pandemic on the finance team and thanked them for their hard work throughout the year.

The Finance and Assets Portfolio Holder added that Council was in a good position considering the current environment and the forthcoming impact of Local Government Reorganisation.

Attention was drawn to an update within the report since it had been considered by Cabinet at the 4 July meeting. Since then it had been realised that the outturn required an amendment to correctly account for the carry-forward of Customer Connect budgets which had been incorrectly carried-forward twice. This amendment of £510,000 increased the overall underspend from £23,000 to £533,000 and further increased the contribution to General Reserve to £510,000.

The overall net General Fund had a net underspend of £510,000 for 2021/22 including Covid-19 and resulted in a net contribution of £515,000 to reserves rather than the use of £18,000 as budgeted. Although the impact of Covid-19 had mainly impacted the 2020/21 financial year, the medium to long-term financial impact was still to be fully understood.

The Finance and Assets Portfolio Holder noted paragraph 3.6 in the report which covered service variances over £50,000, notably Covid-19 which had seen a much lower than expected income loss, particularly from car parking where additional income in the Lake District National Park had largely offset any reduced income in other parts of the district. He added that additional income from the Sales, Fees and Charges grant had offset losses in administration of Covid-19 responsibilities.

The Finance and Assets Portfolio Holder noted that the largest single element of expenditure for the Council related to employee costs, mainly salaries but also pension contributions and the cost of agency and contract staff. In addition, employee costs were incurred on agency and temporary staff to ensure continuity of services while staff were redeployed to Covid-19 related tasks. He added that labour costs and the challenging labour market had made it difficult to fill vacancies, which added to the expenditure.

Members were informed of an underspend in the capital programme of £4.1 million the majority of which related to timing adjustments with request to carry forwards budgets to 2021/22 or the removal of expenditure relating to Kendal Flood Relief programme, which was treated as agency expenditure in the Council’s accounts. The Finance and Assets Portfolio Holder reiterated his earlier point in thanking officers for their hard work during a challenging period.

Members reiterated the Finance and Assets Portfolio Holder’s thanks to officers for their hard work and noted the impressive delivery of projects across  ...  view the full minutes text for item C/29

To consider the 2021/22 Annual Treasury Management Report.

The Finance and Assets Portfolio Holder presented the 2021 /22 Annual Treasury Management Report. The report reviewed the treasury activities and the actual prudential and treasury activities and the actual prudential and treasury indicators for the 2021/22 financial year, meeting the requirement of the Local Government Act 2003, the CIPFA Code of Practice on Treasury Management and the CIPFA Code for Capital Finance in Local Authorities.

The level of external debt remained at £12.8 million, below the Capital Requirement of £24 million which showed that the Council had not funded revenue activity through borrowing, a key prudential indicator which has helped to avoid incurring higher borrowing costs in the future.

The Finance and Assets Portfolio Holder referred to the current inflation levels and highlighted that inflation was expected to continue to rise amongst a perfect storm of issues and therefore, the Bank Rate was expected to rise further during 2022/23 from its current level of 1%.

During discussion on the item, Members requested clarification on the position of funding for Grange Lido, noting that work had not begun. In response to the query, the Finance and Assets Portfolio Holder informed Members that all funds, and properties would transfer to the new unitary authority and explained the Section 24 (S24) Direction which required any commitment over £2 million to be approved by the new authority. He added that the mechanisms to move forward quickly on decisions covered by the S24 Direction had been put in place.

Following a request from Members the Finance and Assets Portfolio Holder undertook to provide an update on the Grange Lido project to Grange Town Council.

Members requested an update regarding progress on Ulverston Leisure Centre, Members noted that the decision had first been published on the Forward Plan in 2017. The Finance and Assets Portfolio Holder noted that he was unable to comment for the Westmorland and Furness Authority but clarified that when the Ulverston Leisure Centre went to Cabinet in 2018 following publication on the Forward Plan, it had been noted that any future decision would have to consider all demands of the Capital Programme. He added that Phases 2 and 3 of the project required significant project development and that the impact of the Covid-19 pandemic had fundamentally impacted the leisure industry as a whole with both the leisure service provider and the business case being affected. Furthermore, the Finance and Assets Portfolio Holder reminded members that Phase 1 of the project needed to be competed and requested that all members collectively push for the new authority to progress Phases 2 and 3 moving forwards.

Members raised a question regarding the impact of under borrowing on the ambitious housing plans of the Council. In response, the Finance and Assets Portfolio Holder noted that he did not believe that under borrowing had affected the Council’s aspirations for Housing. He added that there was £6 million in funds for Affordable Housing, so there was no financial constraint; it was about identifying the right projects to  ...  view the full minutes text for item C/30

To consider the Council’s Statement of Gambling Licensing Policy.

Councillor Helen Ladhams, Chair of the Licensing and Licensing Regulatory Committees, presented a report on the Statement of Gambling Licensing Policy (Gambling Act 2005). She informed Members that the revised Policy had been completed with a formal public consultation policy having been undertaken in line with Regulation 7 of The Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2005 as well as consultation with the Overview and Scrutiny Committee at the March 2022 meeting.

She noted that the Licensing Regulatory Committee, at the 4 July 2022 meeting had recommended that the revised Policy be adopted by Council.

The revision to the policy sought to support and strengthen the three Gambling Licensing Objectives, namely:-

(1)        Preventing gambling from being source of crime or disorder, being associated with crime or disorder or being used to support crime;

(2)        Ensuring that gambling is conducted in a fair and open way;

(3)        Protecting children and other vulnerable persons from being harmed or exploited by gambling.

RESOLVED – That

(1         the contents of the report be noted;

(2)        the recommendation from the Overview and Scrutiny Committee dated 4 March 2022, that the revised Statement of Gambling Licensing Policy be adopted following the public consultation, and consideration of any comments received be noted;

(3)        the recommendation from The Licensing Regulatory Committee, that the revised Statement of Gambling Licensing Policy be adopted following their meeting on 4 July 2022 be noted; and

(4)        the Statement of Gambling Licensing Policy attached at appendix 1 to the report be adopted.

To consider an amendment to the Council’s Code of Conduct.

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) presented a report, which sought to make an amendment to the Council’s Code of Conduct to address the matter of declaration of interests for members who serve on more than one local authority. It was proposed that rather than provide dispensations for this ‘Other Registerable Interest’, an amendment be made to the Member Code of Conduct to address the matter and avoid the need to provide dispensation. It was highlighted that the need to request a dispensation for Disclosable Pecuniary Interests will still apply. The report added that the need for members to consider their position on bias, predetermination and predisposition would also still apply.

The report proposed the following wording be inserted into the relevant section of the agreed Member Code of Conduct:-

-        "The requirements to disclose an Other Registrable Interest and not participate in a decision directly relating to or affecting it, shall be applied in such a manner as to recognise that this Code should not obstruct a member’s service on more than one local authority. For the avoidance of doubt, participation in discussion and decision making at one local authority will not by itself normally prevent you from taking part in discussion and decision making on the same matter at another local authority. This is on the basis that a reasonable member of the public will see no objection in principle to such service or regard it as prejudicing a member’s judgement of the public interest and will only regard a matter as giving rise to bias in exceptional circumstances"

RESOLVED – That

(1)        the amendments to the Member Code of Conduct outlined in paragraph 3.6 of the report be agreed; and

(2)        it be noted that the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) will make the necessary changes to the Council’s Constitution.

Council is asked to receive the Executive Reports from the Leader and Cabinet and to deal with any questions raised by Members to the appropriate Cabinet Members on the contents of the reports.

To receive announcements from the Leader and, in accordance with Paragraphs 10.2 and 10.3 of the Council’s Rules of Procedure, to deal with any questions to the Leader and/or Portfolio Holders on any topic which is within the jurisdiction or influence of the Council and is relevant to their Portfolio.  Any Member who poses a question will be entitled to ask one supplementary question on the same topic.

Members are encouraged to give 24 hours’ written notice of questions to the Monitoring Officer of questions to be raised under the Agenda Item.  If no notice is received, then the Portfolio Holder can reserve the right to give a written answer.  Where written notice of questions has been given, these will be taken first.  Should a Member wish to ask more than one question, questions should be listed in order of priority.  If more than one Member sends in a question, these will be taken in alphabetical order of Members’ names, alternated from meeting to meeting.  Each question and each response is restricted to three minutes.

Councillor Jonathan Brook, Leader of the Council, informed Members that although he had no formal announcements, he wished to formally thank staff for their continued hard work in difficult circumstances with both Covid-19 and Local Government Reorganisation having a significant impact on staff. The Leader referred to a number of ongoing and completed projects, including the Cross-a-Moor Roundabout, which represented a significant upgrade to infrastructure and would enable the delivery of further homes in the area as well as allowing freer movement of traffic. He also noted the progress made on the Gooseholme footbridge and concluded by thanking all Members and officers involved.

The Chairman suggested that, on this occasion, written responses be provided to those written questions, which had been received in accordance with paragraphs 10.2 and 10.3 of the Council’s Rules of Procedure, copies of which had been distributed to Members present at the start of the meeting.

Note – the responses to the questions below were provided following the meeting and have been included in the minutes following a request by Councillor Matt Severn.

From Councillor Giles Archibald to Councillor Suzie Pye, Health Wellbeing and Poverty Alleviation Portfolio Holder – "Can you give us a picture how South Lakeland’s residents are coping with the cost of living crisis and can you describe your fears for possible deterioration during the winter.  The funds described in your report and the poverty truth commission seem like very important ways in which the council can help the community. Can you provide more detail on these initiatives?"

"8,500 Working Age people in South Lakeland are reliant on one or more benefits to get by. Almost half of the people on Universal Credit are in work. Over 3,000 children in South Lakeland live in a household claiming Universal Credit. 12% of households live in fuel poverty (that figure is 2 years old, has probably risen, and will likely rise sharply in the coming months).

A rise in the cost of goods and services; inflation passing 9%; and a rise in the energy cap in the Autumn to a predicted £3,422 mean many of us are making changes to the way we shop, eat, travel, and work. But for some, the number of corners they can cut is rapidly running out. When you’ve already switched to basic brands, when you’re regularly batch-cooking meals, when you switched to the cheapest tariff months ago: when that’s you and you are still not making ends meet – you are in crisis.

Last month I launched 2 funds from the Poverty Alleviation fund:

The first is an Emergency fund of £2,000 to be shared amongst any of our Building Financial Resilience partners (like Citizens Advice, and Age UK) who need small funds to meet the immediate needs of people they see face to face. A sandwich, A bus fare, replacing a broken fridge, or filling an empty fridge. It is designed to be as accessible and immediate as we can make it.

Our second fund is the  ...  view the full minutes text for item C/33

To deal with any questions under Rule 10.6 of the Council’s Rules of Procedure, of which due notice has been given and/or the Chairman allows as a matter of urgent business and which are in relation to any matter over which the Council has powers or duties or which affect the area.

No questions had been received under Rule 10.6 of the Council’s Rules of Procedure.

In accordance with Paragraph 17.3 of the Access to Information Procedure Rules, to receive details of any urgent Executive Decisions, if any, taken since the last scheduled meeting of Council on 18 May 2022.

RESOLVED – That the details relating to an urgent Executive Decision taken since the last scheduled ordinary meeting of the Council held on 23 March 2021, namely CEX/26 (2022/23), be received.

The following Notice of Motion has been given in accordance with Paragraph 11.1 of the Council’s Rules of Procedure:-

"Council therefore supports Fair Game, a national campaign that seeks radical reform of the way football is managed and run, specifically its call for:

An Independent Regulator for the sport;

A refocus on ‘values’ rather than profit;

The establishment of a Sustainability Index, which will reallocate the payments made to clubs to reward those which are run well, respect equality standards and properly engage with their fans and their community; and

Fans to be given the final say on any proposed change to a club’s ‘crown jewels’, including the club’s name, nickname, colours, badge and the geographical location from where the club plays.

Council also notes that former Sports Minister Tracey Crouch MP has published a  Government-commissioned fan –led review into football governance and that a vast majority of its findings mirror Fair Game’s aspirations.

Council therefore resolves to:

Declare its support for the Fair Game manifesto, ‘Solutions for our National Game’, and calls on other Councils to join us in our support;

Ask the Chief Executive to write to the Minister for Sport, our local Members of Parliament, and the Chair of the Local Government Association Culture, Tourism and Sport Board, asking them to support and work towards implementing Fair Game’s manifesto and the findings of the fan-led review led by Tracey Crouch MP; and

Ask the Council’s representatives to encourage other like-minded councils to support Fair Game."

(signed by Councillor Jonathan Cornthwaite)

In accordance with Paragraph 11.1 of the Council’s Rules of Procedure, the following notice of motion had been put to Council by Councillor Jonathan Cornthwaite:-

"Council therefore supports Fair Game, a national campaign that seeks radical reform of the way football is managed and run, specifically its call for: An Independent Regulator for the sport; A refocus on ‘values’ rather than profit; The establishment of a Sustainability Index, which will reallocate the payments made to clubs to reward those which are run well, respect equality standards and properly engage with their fans and their community; and Fans to be given the final say on any proposed change to a club’s ‘crown jewels’, including the club’s name, nickname, colours, badge and the geographical location from where the club plays. Council also notes that former Sports Minister Tracey Crouch MP has published a Government-commissioned fan –led review into football governance and that a vast majority of its findings mirror Fair Game’s aspirations.

Council therefore resolves to: Declare its support for the Fair Game manifesto, ‘Solutions for our National Game’, and calls on other Councils to join us in our support; Ask the Chief Executive to write to the Minister for Sport, our local Members of Parliament, and the Chair of the Local Government Association Culture, Tourism and Sport Board, asking them to support and work towards implementing Fair Game’s manifesto and the findings of the fan-led review led by Tracey Crouch MP; and Ask the Council’s representatives to encourage other like-minded councils to support Fair Game"

In presenting the motion, Councillor Jonathan Cornthwaite referred to the Fair Game organisation which had gathered pace alongside the Government led review of football. He highlighted the importance of supporting grassroots football, particularly when considering the support for the sport across the nation and referred to his involvement in local Burneside Team over a number of years. In concluding his remarks, Councillor Cornthwaite noted the importance of the motion he had proposed, in supporting teams across the English football pyramid to ensure that both smaller and large clubs would be well run and remain in the league system.

In seconding the motion, Councillor Mark Wilson, echoed Councillor Cornthwaite’s comments, highlighting the importance of football to communities and adding that it was important to ensure that everyone had an opportunity to be involved in football.

Councillor Matt Severn thanked Councillor Cornthwaite for bringing the motion to council for consideration. He informed members that at the top of the football pyramid, the accumulation of wealth was having a negative impact on the smaller teams and noted the significant amount of leagues that local teams participated in across the district. He added that there were three football league clubs close to South Lakeland and echoed previous comments regarding the importance of football to communities.

Councillor Dyan Jones referred to the poor management of some clubs noted that she hoped that support would be given to teams who had not been well run in order to give them the best  ...  view the full minutes text for item C/36

To consider urgent items of business, if any.

There were no urgent items.

To note the following Emergency Delegated Executive Decision taken by the Chief Executive in accordance with the Leader’s decision noted by Cabinet at CEX/104 (2019/20):-

No Member having raised concern when asked by the Chairman, it was

RESOLVED – That the following Emergency Delegated Executive Decisions taken by the Chief Executive, in accordance with the Leaders decision noted by Cabinet at CEX/104 (2019/20), be noted:-

(1) 019 – 04/06/2022 – Council Tax Energy Rebate