(Public Pack)Agenda Document for Council, 09/12/2019 18:00

CouncilTown HallWallasey

29 November, 2019

Dear Councillor

You are hereby summoned to attend a meeting of the Council to be held at 6.00 p.m. on Monday, 9 December 2019 in the Council Chamber, within the Town Hall, Wallasey, to take into consideration and determine upon the following subjects :

This meeting will be webcast athttps://wirral.public-i.tv/core/portal/home

Contact Officer: Andrew MossopTel: 0151 691 8501e-mail: [email protected]: http://www.wirral.gov.uk

AGENDA1. DECLARATIONS OF INTEREST

Members of the Council are asked to consider whether they have any disclosable pecuniary interests and/or any other relevant interest, in connection with any matter to be debated or determined at this meeting and, if so, to declare it and state the nature of such interest.

2. CIVIC MAYOR'S ANNOUNCEMENTS

To receive the Civic Mayor's announcements and any apologies for absence.

3. MINUTES (Pages 1 - 34)

To approve the accuracy of the minutes of the meetings of the Council held on 14 October, 2019 (one ordinary and one extraordinary meeting).

4. PETITIONS

To receive petitions submitted in accordance with Standing Order 21.

Public Document Pack

https://wirral.public-i.tv/core/portal/home

5. PUBLIC QUESTIONS

To deal with questions from members of the public, in accordance with Appendix 1 to Standing Orders – up to 30 minutes.

6. LEADER'S, EXECUTIVE MEMBERS' AND CHAIRS' REPORTS (Pages 35 - 70)

To receive the written reports of the Executive and Overview and Scrutiny Committee Chairs, and to receive questions and answers on any of those reports in accordance with Standing Orders 10(2)(a) and 11.

7. MEMBERS' QUESTIONS

To consider Members’ general questions to the Civic Mayor, Executive or Committee Chair in accordance with Standing Orders 10 (2)(b) and 11.

8. VACANCIES

To receive nominations, in accordance with Standing Order 25(6), in respect of any proposed changes in the membership of committees, and to approve nominations for appointments to outside organisations.

OUTSIDE BODIES

St Bridget’s Educational TrustCouncillor Alison Wright to replace Mr Gerry Ellis

West Kirby CharityDeirdre O’DwyerJames Robert DarwentHelen Rosalinde O’Donnell (all to be appointed until 8 December, 2023)

9. MATTERS REQUIRING APPROVAL OR CONSIDERATION BY THE COUNCIL

To consider any recommendations of the Executive or Council Committees which require the approval or consideration of the Council.

A. Appointment of Chief Executive (Head of Paid Service) including Returning Officer and Electoral Registration Officer - Employment and Appointments Committee, 23 October, 2019 (Pages 71 - 72)

The Council is recommended to appoint Mr Paul Satoor to the post of Chief Executive (Head of Paid Service), Returning Officer and Electoral Registration Officer, with immediate effect.

(Employment and Appointments Committee minute 9 attached).

B. Council Tax (Empty Homes Premium) - Cabinet, 4 November, 2019 (Pages 73 - 74)

The Council is recommended to apply the full premium of 200% to homes that have been empty for 5 or more years as allowed by the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018, from 1 April, 2020. (Cabinet minute 51 attached).

The Cabinet report can be viewed on the Council website here.

C. Council Tax Reduction Scheme - Cabinet, 4 November, 2019 (Pages 75 - 76)

The Council is recommended to amend the Council Tax Reduction Scheme for Wirral to:

(1) reduce the minimum amount payable for non-protected groups from the current 22% to 12%; and

(2) allow notifications in relation to Universal Credit to be treated as a claim for Council Tax Reduction.

(Cabinet minute 52 attached).

The Cabinet report can be viewed on the Council website here.

D. Council Tax 2020/21 (Taxbase, Discounts and Exemptions and Local Council Tax Reduction Scheme) - Cabinet, 25 November, 2019 (Pages 77 - 78)

The Council is requested to agree the following recommendations of Cabinet:

1 The figure of 93,965.9 be approved as the Council Tax Base for 2020/21 subject to the items below being approved;

2 The level and award of each local discount for 2020/21 be:-

Wirral Women’s & Children’s Aid

To continue to award Wirral Women & Children’s Aid 100% discount.

Care Leaver’s Discount

To award Care Leavers the requisite discount to reduce

http://democracy.wirral.gov.uk/documents/s50062664/Council%20Tax%20Empty%20Homes%20Premium.pdf

http://democracy.wirral.gov.uk/documents/s50062652/Council%20Tax%20Reduction%20Scheme.pdf

their Council Tax liability to zero until they are 25, from the 1st April 2020. This remains unchanged from 2019/20. Empty Property Discounts

Discount category D = 0% Full charge on properties undergoing renovations.

Discount category C = 0% Full charge on empty properties from date they become unoccupied.

Both remain unchanged.

Empty Property Premium = 100% (200% Council Tax) for unfurnished properties empty for more than two years. 200% (300% Council Tax) for unfurnished properties empty more than five years. This is allowed by the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018. This has previously been reported to Cabinet on 4 November, 2019.

Council Tax Discretionary Hardship Relief Scheme

The Council Tax Discretionary Hardship Relief Scheme, approved by Cabinet in October 2013, continues in its current format for 2020/2021. The Scheme offers help and assistance in exceptional cases of hardship.

3. Local Council Tax Reduction Scheme (LCTRS)

The Local Council Tax Reduction Scheme, previously reported to Cabinet on 4 November, 2019, be the approved Scheme for 2020/2021.


The report can be viewed here.

E. Quarter 2 2019/20 Capital Financial Monitoring - Cabinet, 25 November, 2019 (Pages 79 - 92)

The Council is requested to:

(1) approve additional funding for the schemes referred to in paragraph 3.3 of the report (see attached), and;

(2) approve the revised Capital Programme of £55.889m for 2019/20.


http://democracy.wirral.gov.uk/documents/s50063355/Council%20Tax%20Base%20Report.pdf

F. Minimum Revenue Provision Re-Profiling - Cabinet, 25 November, 2019 (Pages 93 - 94)

The Council is requested to agree the recommendation of Cabinet that the proposal to re-profile Minimum Revenue Provision charges by over £2m over the next ten years, recouped via higher charges in subsequent years, be approved.



G. Draft Statement of Licensing Policy - Licensing Act 2003 Committee, 13 November, 2019 (Pages 95 - 132)

The Council is requested to:

(1) continue to apply the Cumulative Impact Assessment Policy to the area of Birkenhead currently referenced in the Statement of Licensing Policy, and;

(2) approve the Draft Statement of Licensing Policy (attached).

(Licensing Act 2003 Committee minute 11 attached).

The committee report and appendices 2 and 3 can be viewed on the Council website here.

H. Revised Pension Board Terms of Reference - Pensions Committee, 4 November, 2019 (Pages 133 - 148)

The Council is requested to agree the revisions to the Pension Board’s Terms of reference (attached) and their adoption into the Council’s Constitution.

(Pensions Committee minute 41 attached).


Director: Governance and Assurance

http://democracy.wirral.gov.uk/documents/s50063358/Minimim%20Revenue%20Provision%20Re-profiling%20Report.pdf

http://democracy.wirral.gov.uk/ieListDocuments.aspx?CId=195&MId=8303&Ver=4

http://democracy.wirral.gov.uk/documents/s50062557/Report.pdf

Audio/Visual Recording of Meetings

Everyone is welcome to record meetings of the Council and its Committees using non-disruptive methods. For particular meetings we may identify a ‘designated area’ for you to record from. If you have any questions about this please contact Committee and Civic Services (members of the press please contact the Press Office). Please note that the Chair of the meeting has the discretion to halt any recording for a number of reasons, including disruption caused by the filming or the nature of the business being conducted.

Persons making recordings are requested not to put undue restrictions on the material produced so that it can be reused and edited by all local people and organisations on a non-commercial basis.

COUNCILMonday, 14 October 2019

Present: The Civic Mayor (Councillor Tony Smith) in the ChairDeputy Civic Mayor (Councillor George Davies)

Councillors T AndersonB BerryJ BirdC BlakeleyA BrameD Burgess-JoyceH CameronK CannonC CarubiaP ClearyW ClementsM CollinsA CorkhillT CottierT CoxWJ DaviesS FoulkesS FrostA GardnerP Gilchrist

K GreaneyJE GreenEA GreyP HackettP HayesS HayesA HodsonK HodsonJ JohnsonAER JonesC JonesT JonesS KellyB KennyA LeechI LewisM McLaughlinJ McManusD MitchellC Muspratt

Y NolanT NorburyC PovallL RennieJ RobinsonL RowlandsC SpriggsP StuartM SullivanT UsherJ WalshG WattS WhittinghamKJ WilliamsS WilliamsJ WilliamsonG WoodA Wright

Apologies Councillors C CookeS JonesM Jordan

S SpoorJ StapletonI Williams

57 DECLARATIONS OF INTEREST

There were no declarations of Interests.

58 CIVIC MAYOR'S ANNOUNCEMENTS

There were no Mayor’s announcements. Chaplain Father Lucas Ngwa said a prayer.

The Civic Mayor noted that apologies had been received from Councillors: Chris Cooke, Sharon Jones, Mary Jordan, Sarah Spoor, Jean Stapleton and Irene Williams.

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Agenda Item 3

59 FREEDOM OF THE BOROUGH

The Leader of the Council moved the recommendation from the Freedom Panel and emphasised that it was the highest award which the council could bestow.

The first nominee, Nunzia Bertali, had been head of the Italian Consulate office in Birkenhead for more than 20 years. As Honorary Consul she had received no pay but provided consular support across the North West and had a major role in the teaching of Italian language and culture in Wirral schools, and with town twinning. She was also involved in the Euro Wirral initiative in 1990s and early 2000s.

The second nominee was Second Lieutenant Frederick Simpson. He died at age 27 in 9 January 1944. He had been based at Burtonwood army air force base and was test flying a Thunderbolt plane when he reported that the plane was on fire. It flipped over and lost height and he steered it away from inhabited areas before crashing, sacrificing his life to save others. His gold signet ring was found in the wreckage and was returned to his home in Wisconsin and he was interred in a cemetery in Cambridge.

RESOLVED: That

in pursuance of the provisions of Section 249(5) of the Local Government Act 1972 and in recognition of:

(1) her outstanding service as Italian Consul over many years and then as Consular Correspondent providing services to Italians living in the North of England and for her outstanding contribution to the civic life of the Borough, Doctor Nunzia Bertali be admitted as an Honorary Freewoman of this Borough; and

(2) his heroism on 9 January 1944 when he guided his stricken plane away from homes in Saughall Massie avoiding certain casualties on the ground, and in doing so giving his life for others, Second Lieutenant Jay Frederick Simpson of the United States Army Air Force be admitted as an Honorary Freeman of this Borough (posthumously).

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COUNCILMonday, 14 October 2019


Councillors T AndersonB BerryJ BirdC BlakeleyA BrameD Burgess-JoyceH CameronK CannonC CarubiaP ClearyW ClementsM CollinsC CookeA CorkhillT CottierT CoxWJ DaviesS FoulkesS FrostA Gardner

P GilchristK GreaneyJE GreenEA GreyP HackettP HayesS HayesA HodsonK HodsonJ JohnsonAER JonesC JonesT JonesS KellyB KennyA LeechI LewisM McLaughlinJ McManusD Mitchell

C MusprattY NolanT NorburyC PovallL RennieJ RobinsonL RowlandsC SpriggsP StuartM SullivanT UsherJ WalshG WattS WhittinghamKJ WilliamsS WilliamsJ WilliamsonG WoodA Wright

Apologies Councillors S JonesM JordanS Spoor

J StapletonI Williams

60 DECLARATIONS OF INTEREST

Council Members were invited to consider whether they had any disclosable pecuniary and/or any other relevant interest in connection with any matters to be determined at this meeting and, if so, to declare it and state the nature of such interest.

The following declarations were made:

Councillor Jo Bird Item No. 9f – (Minute No. 73 refers). Personal – By virtue of her partner being in receipt of a Local Government Pension

Councillor Pat Item No. 10 – Motion 10 (Minute No. 87 refers). Prejudicial –

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Cleary By virtue of his position on the Transport Committee of the regional government

Councillor Tony Cox

Item No. 10, Motion 13 – (Minute No. 90 refers). Personal – By virtue of his employment

CouncillorSteve Foulkes

Item No. 10 – Motion 10 (Minute No. 87 refers). Prejudicial – By virtue of his position on the Transport Committee of the regional government

Councillor Liz Grey Item No. 10 – Motion 9 (Minute No. 86 refers). Personal – By virtue of her employment

Councillor Paul Hayes


Councillor Tony Jones

Item No. 9f – (Minute No. 73 refers). Personal – By virtue of being a member of the Local Government Pension Fund

Councillor Yvonne Nolan

Item No. 9f – (Minute No. 73 refers). Personal – By virtue of being in receipt of a pension from the Local Government Pension Fund

Councillor Tony Norbury

Item No. 9f – (Minute No. 73 refers). Personal – By virtue of being in receipt of a pension from the Local Government Pension Fund

CouncillorStuart Whittingham

Item No. 10 – Motion 10 (Minute No. 87 refers). Prejudicial – By virtue of his employment

Councillor Jerry Williams



The Civic Mayor informed Council that over the previous couple of months Wirral had received favourable coverage in worldwide news, notably with the naming of the Sir David Attenborough ship at Cammell Lairds and the OVO Energy Tour of Britain cycle tour. With the Mayoress he had been to many parts of Wirral including the food festival in Birkenhead Park; the Royal Philharmonic Orchestra concert; a pop concert and others. He wished to thank all of the officers and staff who facilitated these events.

The Civic Mayor noted that apologies had been received from Councillors: Sharon Jones, Mary Jordan, Sarah Spoor, Jean Stapleton and Irene Williams.

Councillor Blakeley then moved for suspension of Standing Order 9, to dispense with the guillotine which would end the meeting at 9.15 p.m., in order that all business on the agenda be heard. This was seconded by Councillor Lesley Rennie.

In accordance with Standing Order 18 (4), a number of Members rose to request a ‘card vote’.

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A recorded vote was then taken on the substantive Motion and the Council divided as follows:

For the motion (21): Councillors T Anderson, B Berry, C Blakeley, D Burgess-Joyce, H Cameron, W Clements, M Collins, T Cox, A Gardner, J Green, P Hayes, A Hodson, K Hodson, J Johnson, I Lewis, C Povall, L Rennie, L Rowlands, GCJ Watt, S Williams and A Wright.

Against the motion (39): Councillors J Bird, A Brame, K Cannon, C Carubia, P Cleary, C Cooke, A Corkhill, T Cottier, G Davies, W Davies, S Foulkes, S Frost, P Gilchrist, K Greaney, E Grey, P Hackett, S Hayes, AER Jones, C Jones, T Jones, S Kelly, B Kenny, A Leech, M McLaughlin, J McManus, D Mitchell, C Muspratt, Y Nolan, T Norbury, J Robinson, C Spriggs, P Stuart, M Sullivan, T Usher, J Walsh, S Whittingham, KJ Williams, J Williamson and G Wood.

Abstentions (1): Councillor PA (Tony) Smith

The proposal was declared lost.

Councillor Phil Gilchrist moved the Motion that under Standing Order 8K, prior to Item 10, Council adjourn to a date to be agreed. This was seconded by Councillor Dave Mitchell.

This was voted on (39 for, 21 against, 1 abstention) and carried.

Under Standing Order 19 (5) it was requested that Conservative votes be recorded as follows:Against the Motion: T Anderson, B Berry, C Blakeley, H Cameron, W Clements, M Collins, T Cox, A Gardner, J Green, P Hayes, A Hodson, K Hodson, J Johnson, M Jordan, I Lewis, C Povall, L Rennie, L Rowlands, G Watt, S Williams, A Wright.

RESOLVED (39:21 with 1 abstention): That under Standing Order 8K, prior to Item 10, Council adjourn to a date to be agreed.

62 MINUTES

The minutes of both the extraordinary and the ordinary Council meetings held on 15 July 2019 had been circulated to Members. On a motion by the Civic Mayor, seconded by Councillor Pat Hackett, it was –

Resolved (by assent) - that subject to (1) In Minute 20 paragraph 2, the title being amended from ‘Lady

Mayoress’ to ‘Mayoress’; and

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(2) In Minute 33 paragraph 33, the word ‘inform’ be amended to ‘enforce’,

the minutes of the extraordinary meeting held on 15 July 2019 and the ordinary meeting held on 15 July 2019 be approved and adopted as correct records.

63 PETITIONS

In accordance with Standing Order 21, the Mayor received 10 petitions as follows–

Presented By

No of Signatures

Topic

Councillor Ian Lewis

105 Dog fouling around Sandbrook Primary School

Councillor Ian Lewis

268 Protect Ditton Local Nature Reserve

Councillor Anita Leach

312 To have Shackleton road widened on the bend

Councillor Christine Muspratt

42 Local residents of Claremont Way, Bebington, requesting that Wirral Council re-look at the road surface, with a view to agreeing that permanent and final repair work is carried out.

Councillor Christina Muspratt

114 Local residents requesting Wirral Council investigate the possibility of installing a pedestrian crossing in Kings Lane.

Councillor Christina Muspratt

821 Local residents who are protesting strongly against any plans to develop Brackenwood Golf Course and Poulton Recreational Ground.

Councillor Moira McLaughlin

35 Petition from residents in Albany Road, Rock Ferry asking for measures to be introduced to reduce speeding traffic in their road and enforcement measure to be taken about illegal parking across driveways and on pavements.

Councillor Andrew Gardener

844 Petition to maintain grass free beaches at Hoylake

Councillor Andrew Gardner

1546 Petition to allow 2 hours free parking for the council carparks in West Kirby.

Councillor Alison Wright

70 Petition to Wirral Council regarding the alley situation to the rear of Banks Road and running between Victoria Drive and Groveside, West Kirby.

Resolved (by assent) - that the petitions be noted and referred to the appropriate Chief Officers in accordance with Standing Order 34.

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64 PUBLIC QUESTIONS

Shirley Kay, having given the appropriate notice in accordance with Standing Order 10, submitted a question to the Cabinet Member for Finance and Resources on the subject of the health concerns around 5G wireless internet.

Councillor Janette Williamson, Cabinet Member for Finance and Resources, responded accordingly.

Michael Smethurst, having given the appropriate notice in accordance with Standing Order 10, submitted a question to the Cabinet Member for Environment and Climate Change on the subject of dog control

Councillor Elizabeth Grey, Cabinet Member for Environment and Climate Change, responded accordingly.

65 LEADER'S, EXECUTIVE MEMBERS' AND CHAIRS REPORTS

The Mayor introduced the reports from the Leader, Cabinet Members and Overview and Scrutiny Committee Chairs.

Resolved (by assent) - that the reports from the Leader, Cabinet Members and Overview and Scrutiny Committee Chairs be received.

66 MEMBERS' QUESTIONS

The Mayor asked for questions on any of the reports in the previous item. The questions and answers were recorded as follows:

Councillor Chris Blakeley asked the Leader of the Council, Councillor Pat Hackett, if he believed that the comments in the Wirral Globe regarding the Council’s response to the New Ferry Explosion to be fair and accurate. Councillor Pat Hackett replied with details of the meetings that had taken place and the measures taken for demolition, remediation and Compulsory Purchase Orders. He also spoke about the cash to individual members of the community and applications for the Future Towns Fund from the Government, the Strategic Investment Fund from the City Region and funding from the City Region Metro Mayors fund. Councillor Pat Cleary asked Councillor Tony Jones, Cabinet Member for Regeneration, if he felt there was a shortage of grade A office space locally as he had noticed such space available in Liverpool. Councillor Tony Jones confirmed that businesses had informed him that there was such a shortage.

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Councillor Steve Foulkes asked Councillor Liz Grey, Cabinet Member for Environment and Climate Change, for an update on progress to improve the recycling on Wirral.Councillor Liz Grey replied that the recycling campaign was launched in January 2019 and had improved recycling rates. A comprehensive list of environmental, re-use and volunteering groups in Wirral was being developed for recycling opportunities. Re-use will be promoted, and information was be issued. Councillor Ian Lewis asked the Cabinet Member for the Local Plan, Councillor Anita Leech, about whether the Ditton Lane Nature Reserve will be included in their deliberations on the Local Plan? Councillor Anita Leech replied that she was seeing whether any of the trees could be given Tree Preservation Orders before any applications came forward. She noted that Ditton Lane was not an official nature reserve but residents’ views would be taken into consideration. Councillor Alison Wright asked the Cabinet Member for Environment and Climate Change, Councillor Liz Grey, if she believed that the authority’s response to the incident at Hilbre Island had put the authority in good light.Councillor Liz Grey replied that she believed the response was adequate and the response to the mistake had been very positive learning experience. There had been a restructure of officers with higher level of control of beaches and coastal areas.Councillor Paul Stuart asked Councillor Liz Grey when he could expect the report on Hilbre Island to be published. Councillor Liz Grey replied that the report was not finalised but would be issued and shared with the public when it was. Councillor Stuart Kelly asked the Cabinet Member for Community Services, Councillor Julie McManus, about repairs to the existing street lighting stock, whilst the roll-out of LED lights was taking place? Councillor Julie McManus responded that lights were replaced as they were reported. Councillor Sam Frost asked the Cabinet Member for Environment and Climate Change for an update climate change training for members and officers.Councillor Liz Grey replied that a program of training on climate change had started with Cabinet and the senior leadership team and there would be further training for all elected Members. Planning colleagues were developing training workshops to ensure that our Local Plan would be one of the most robust in dealing with the climate emergency. A staff roadshow was planned and a public campaign to promote awareness of climate change and the issues using proper data and within the Council ‘Council Champions’ amongst the workforce would uphold and support the Council’s Climate Emergency Action Plan once it was fully established, as well as personal pledges.

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Councillor Christopher Cooke asked the Cabinet Member for Environment and Climate Change, Councillor Liz Grey, about the Recycle Right website and materials to encourage more recycling and reduce confusion in households. Councillor Liz Grey replied that the material would be available shortly.Councillor Kathy Hodson asked Councillor Janette Williamson, Cabinet Member for Finance and Resources, about the ‘no Purchase Order no pay’ policy and about invoices recently paid without a Purchase Order number.Councillor Janette Williamson replied that she did not have figures to hand but she could respond if the request was emailed. Councillor Steve Hayes asked Cabinet Member for Adult Social Care and Wellbeing, Councillor Chris Jones, about the detail of the smoking population dropping by more than a third and whether this included electronic cigarettes. Councillor Chris Jones responded that it was just cigarettes although he was aware of the concerns over nicotine replacement therapies including vaping.Councillor Leslie Rennie asked Councillor Julie McManus, Cabinet Member for Community Services, if she could publish the programme for replacing streetlights with LED ones.Councillor Julie McManus replied that she had seen the programme but was reviewing it before it was released. Councillor Les Rowlands asked the Cabinet Member for Community Services, Councillor Julie McManus, about Heswall Dales SSSI which had suffered from a lack of Rangers and equipment to preserve it.Councillor Julie McManus responded that she believed an extra member of staff had been recruited.Councillor Andrew Hodson asked the Cabinet Member for Housing and Planning, Councillor Stuart Whittingham, how much had been received from the Ministry for Housing and Local Government for disabled facilities grants.Councillor Stuart Whittingham replied that he would provide a response in writing.Councillor Chris Carubia asked Councillor Stuart Whittingham, Cabinet Member for Housing and Planning, about the breakdown of home adaptations were this year. Councillor Stuart Whittingham replied that he would certainly provide a written response.Councillor Paul Hayes asked Stuart Whittingham, Cabinet Member for Housing and Planning, if anything had been done about building affordable housing in the borough. Councillor Stuart Whittingham replied that if the Government were to provide funding we could build the houses.

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Councillor Tom Anderson asked the Cabinet Member for Community Services, Councillor Julie McManus, if she was still following the agreed capital program for libraries.Councillor Julie McManus replied that there was to be a consultation on libraries in individual areas to assess need.Councillor Steve Williams asked the Chair of the Environment and Overview and Scrutiny Committee, Councillor Tom Anderson, about the future provision of allotments.Councillor Tom Anderson responded that a report had been requested for the next Environment Committee on the specific questions on future provision.Councillor Michael Collins asked the Cabinet Member of Children’s Services, Councillor Tom Usher, if he knew how many new police officers would be based within Wirral?Councillor Tom Usher replied that he did not.Councillor Bruce Berry asked the Chair of the Children and Families Overview and Scrutiny Committee, Councillor Wendy Clements, for an update on the announcements of a 4.2% increase in per pupil funding to schools within the Wirral.Councillor Wendy Clements replied that she was delighted at the increase and expected more funding in the future.Councillor Andrew Gardner asked the Cabinet Member for Finance and Resources, Councillor Janette Williamson, about the financial performance of the authority during quarters 1 or 2.Councillor Janette Williamson responded that revenue capital quarter one was in her report but she was still waiting for central Government to announce spending levels. Councillor Kate Cannon asked the Cabinet Member for Finance and Resources, Councillor Janette Williamson, for an update on the Community Bank.Councillor Janette Williamson responded that they had incorporated the North West mutual and were applying for a banking license. Councillor Chris Blakeley asked the Cabinet Member for Regeneration and Growth, Councillor Tony Jones, if he believed that spending £415,000 on a plan for Birkenhead was a good use of money. Councillor Tony Jones responded that he did.

Questions put in advanceCouncillor Phil Gilchrist asked the Leader of the Council, Councillor Pat Hackett, if it was time for compulsory purchase on sites in New Ferry.

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Councillor Pat Hackett replied that a draft report was being prepared seeking Member’s endorsement for the use of Compulsory Purchase Orders to secure the remaining properties. Councillor Phil Gilchrist had asked Councillor Julie McManus Cabinet Member for Community Services, if she could get the streetlights in Tower Road working.Councillor Julie McManus responded that there had been a fault consisting of a loss of communication to the Central Management System, which resulted in a number of lights failing. The operations team was working towards a resolution.Councillor Stuart Kelly asked the Cabinet Member of Children, Families and Education, Councillor Tom Usher, about events in October last year at Stanley Special School.Councillor Tom Usher responded that it was up to the governing body of the school to respond although he had been issuing confidential updates to Councillors on the issue. Councillor Allen Brame asked the Leader of the Council, Councillor Pat Hackett, for an update on Brexit no-deal preparation. Councillor Pat Hackett responded that Wirral’s approach had focused on a comprehensive understanding of the potential implications for residents and partners and a Wirral Brexit Plan which analysed several issues based on a no-deal scenario and suggested actions to mitigate them had been produced.

67 VACANCIES

In accordance with Standing Order 25(6) the Council was requested to deal with the matters in respect of the membership of committees and appointments to outside organisations.

Resolved (by assent) - that the following appointments and nominations be approved:

STATUTORY AND ADVISORY COMMITTEES Wirral Climate Change Group (Cool Wirral)Councillor Tom Anderson to replace Councillor Chris Blakeley.

COMMITTEES Environment Overview and Scrutiny Committee Councillor Lesley Rennie to replace Councillor David Burgess-Joyce.

Standards and Constitutional Oversight Committee Councillor Pat Hackett to replace Councillor Janette Williamson

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Licensing, Health & Safety and General Purposes Committee Councillor Ian Lewis to replace Councillor David Burgess-Joyce.

Licensing Act 2003 Committee Councillor Ian Lewis to replace Councillor David Burgess-Joyce.

OUTSIDE BODIES Merseyside Police and Crime Panel Councillor Les Rowlands to replace Councillor David Burgess-Joyce. A labour nominee (subsequently confirmed as Councillor Adrian Jones) to replace Councillor Gill Wood

Wirral University Teaching Hospital Foundation Trust Governors Councillors Mike Collins reappointedCouncillor Irene Williams reappointed

Chrysalis Board Councillor Pat Hackett to replace Councillor Anita Leech

68 STATEMENT OF ACCOUNTS 2018/19 FOR WIRRAL COUNCIL AND MERSEYSIDE PENSION FUND

The Chairman announced that this item had been withdrawn as the Audit and Resource Management Committee had delegated authority to approve of the accounts and had done so at its meeting held on 23 September 2019.

69 REVENUE AND CAPITAL COMBINED MONITORING 2019-20 QUARTER 1

Council considered a report from the Cabinet meeting held on 2 September 2019 regarding the summary of the projected year-end revenue position as at Quarter 1, Month 3 (June 2019).

Resolved (57:0 with one abstention) - that

Revenue (1) the Year-end forecast position at Quarter 1 of £4.327 million Adverse, be noted;(2) the level of achievement of savings proposed for 201920, be noted; (3) the revisions to the Medium-Term Financial Strategy (MTFS) 2020-2025, be noted;

Capital (4) the expenditure at Quarter 1 of £2.9 million, be noted; (5) the additional funding be approved for the schemes referred to in paragraph 3.7 of the report, i.e. Eureka Project, Seacombe (£200,000) and Eastham Youth Hub (£442,000);

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(6) the revised Capital Programme of £88.7 million (Table 2 of the report) for 2019-20 be approved.

70 WIRRAL COUNCIL PLAN 2025

The Leader of the Council introduced the report of the Chief Executive that presented the Wirral Council Plan for 2025, setting out ambitions for the year ahead and beyond based on what residents have said was important to them.

Resolved (unanimously) - that the Wirral Council Plan 2025 be approved.

71 PUBLIC HEALTH ANNUAL REPORT 2019 – CREATIVE COMMUNITIES

Council considered a report of the Cabinet from its meeting held on 30 September 2019 concerning the Public Health Annual Report (PHAR) 2019, an independent annual report of the Director of Public Health and a statutory requirement.

Resolved (unanimously) - that the recommendations of the Public Health Annual Report 2019 be endorsed and its publication be supported.

72 APPROVAL OF REVISED LOCAL DEVELOPMENT SCHEME FOR WIRRAL – JULY 2019

Council considered an item from the Cabinet meeting held on 30 September 2019 concerning the revised Local Development Scheme.

Resolved (60:0 with one abstention) - that(1) the revised Local Development Scheme attached to the report be

adopted; and (2) the revised Local Development Scheme come into effect on 15

October 2019.

73 NORTHERN LGPS OPERATING AGREEMENT

Council considered an item from the Pensions Committee meeting held on 16 July 2019 concerning the implementation of governance arrangements in relation to Merseyside Pension Fund’s participation in the Northern Local Government Pension Scheme pool (NLGPS).

Resolved (59:0 with two abstentions) - that (1) the proposed principles of governance contained in the draft

Operating Agreement approved by the Pensions Committee at its meeting on 16 July 2019 and in particular the establishment of a Joint Committee with Tameside and Bradford Councils to oversee

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the required arrangements for the pooling of investments by all three Pension Funds be approved;

(2) the Chair and Vice Chair of the Pensions Committee (or as otherwise determined by Pensions Committee) be the Council's elected representatives on the Joint Committee; and

(3) the Director of Pensions in consultation with the Director: Governance and Assurance be given delegated authority to negotiate and agree with Tameside and Bradford Councils the details of the final draft of the Operating Agreement within the parameters of the principles of governance approved by the Pensions Committee and the Standards and Constitutional Oversight Committee.

74 REVIEW OF SCRUTINY ARRANGEMENTS

Council considered an item from the Standards and Constitutional Oversight Committee meeting held on 26th September 2019 concerning the outcomes of the review of scrutiny arrangements undertaken by the Business Overview and Scrutiny Committee.

Councillor Dave Mitchell, who had chaired the review, thanked all Members who had attended the workshop and participated in the review.

Resolved (59:0 with one abstention) - that (1) the Business Overview and Scrutiny Committee be thanked for its

very detailed report; (2) the recommendations of the review of its scrutiny arrangements as

follows be approved: (a) the findings of this review of scrutiny arrangements be taken

into account as part any new governance model, with the six key principles of effective scrutiny formally included within the new model of decision making;

(b) the effectiveness of the Overview and Scrutiny arrangements of the new governance model at Wirral be reviewed after 12 months to ensure the good practice currently in operation is continued; and

(c) the new governance model should ensure full consideration of Wirral’s involvement in the Liverpool City Region Combined Authority Overview and Scrutiny function.

75 GOVERNANCE REVIEW

Council considered an item from the Standards and Constitutional Oversight Committee meeting held on 26th September 2019 concerning the review of

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the governance arrangements of the Council which had been requested by the meeting of Council held on 14 May 2019. The Committee had established a Governance Review Working Group and, with the assistance of the Local Government Association (LGA), conducted interviews and hosted an all Member workshop. The findings of the Working Group, and its implications, were presented in the report.

Councillor Pat Hackett moved an amendment to delay implementation until 2021. This was seconded by Councillor Leech. After discussion this amendment was voted on (27 in favour, 33 against, 1 abstention) and declared lost.

Resolved (59:0 with one abstention) - that(1) having considered:

(a) the materials presented to the Governance Review Working Group; and (b) the discussions held at the Working Group’s meetings and subsequent Member sessions. Council is of the view that Wirral’s residents will now be better served by the introduction of a more accountable and transparent way of conducting the Council’s business, policy formulation and decision-making. Council should now move to a Committee based structure to be designed, finalised and in place for the next Municipal Year.Council notes that a range of costs have been put forward that apply to the revised arrangements. It is recognised however, that revisions to the existing Constitution have been under discussion for some time and that costs would have been incurred in that process. Council considers that the operational costs of the new system of governance should be the subject of regular reports and that in practice these costs should be minimised.

(2) there be a move from Leader and Cabinet Executive arrangements to a Committee System form of governance arrangements to take effect from the Annual Council Meeting in 2020; and

(3) the Standards and Constitutional Oversight Committee accordingly prepare a draft revised Constitution to propose to the Council meeting of 16 March 2020.

AT 9.50 PM, THE MEETING WAS ADJOURNED AS AGREED EARLIER (MINUTE 61 REFERS) AND RECONVENED ON 22 OCTOBER 2019 AT 6 PM.

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Tuesday 22, October, 2019


Councillors B BerryJ BirdC BlakeleyA BrameD Burgess-JoyceH CameronK CannonC CarubiaP ClearyW ClementsC CookeA CorkhillT CottierWJ DaviesS FoulkesS FrostA Gardner

P GilchristK GreaneyJE GreenEA GreyP HackettP HayesS HayesA HodsonK HodsonJ JohnsonAER JonesC JonesS JonesT JonesS KellyB KennyI LewisM McLaughlinD Mitchell

C MusprattY NolanT NorburyL RennieJ RobinsonL RowlandsC SpriggsP StuartT UsherJ WalshG WattS WhittinghamKJ WilliamsS WilliamsJ WilliamsonG Wood

Apologies Councillors T AndersonM CollinsT CoxE GreyM JordanA Leech

J McManusC PovallJ StapletonM SullivanI WilliamsA Wright

76 DECLARATIONS OF INTERESTS

Council Members were invited to consider whether they had any disclosable pecuniary and/or any other relevant interest in connection with any matters to be determined at this meeting and, if so, to declare it and state the nature of such interest.

Councillor Les Rowlands declared a personal interest in Motion 9 (Minute No. 86 refers) by virtue of his wife working in education.

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The Civic Mayor noted that apologies had been received from Councillors: Tom Anderson, Mike Collins, Tony Cox, Liz Grey, Mary Jordan, Anita Leech, Julie McManus, Cherry Povall, Jean Stapleton, Mike Sullivan, Irene Williams and Alison Wright.

Councillor Chris Blakeley moved to invoke the guillotine immediately which would cease all debate and move to the vote on all subsequent items. This was seconded by Councillor Lesley Rennie.

This was voted on (for 18, against 29, abstentions 2) and declared lost.

Councillor Phil Gilchrist moved that the first four Motions be debated with a review of the guillotine after that or at 8 pm. This was seconded by Councillor Pat Hackett.

This was voted on (for 32, against 16, abstention 1) and carried.

78 MOTION (1) DELAYED DOMESTIC VIOLENCE BILL

Councillor Janette Williamson moved and Councillor Paul Stuart seconded a Motion submitted in accordance with Standing Order 7(1).

Members debated the Motion and related some personal experiences and then voted and it was


Council notes that Wirral has seen 4,631 reported incidents of domestic abuse in 2018/19 and is particularly alarmed at rising levels of violence towards women and girls, especially with the knowledge that not all crime is getting reported. Council is proud that Wirral has a zero tolerance to domestic abuse and of the support it offers victims of such abuse. It currently funds a women’s refuge which offers a place of safety to local women and children at risk of the most extreme violence and possible death as well as exempting them from Council Tax. However, it is extremely alarmed that the Domestic Violence Bill was delayed after the Prime Minister, Boris Johnson, prorogued Parliament, and welcomes the Supreme Court judgement that Boris Johnson’s acts were unlawful. This Bill statutorily defines domestic abuse to include economic control – a devastating form of coercive control. The Bill will also boost the powers available to courts to block perpetrators from contacting those they abused. The Bill will help an estimated 1.2 million women and 713,000 men a year in England and Wales who are affected by domestic abuse. Any delay on this Bill will impact on our residents on Wirral who are living with

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domestic abuse on a daily basis. Council is hugely concerned that the tone and language of Boris Johnson in his response to Paula Sheriff’s comments about Jo Cox which he called “humbug”, were unacceptable on both a human and political level, and sought to trivialise violence towards women. Council further condemns the language used by the Attorney General Geoffrey Cox who said “when did you stop beating your wife?” during a recent Commons debate. The crass and misogynistic language around violence towards women by the Conservative Party shames us all as a civilised society. Council instructs the Leader to write to Boris Johnson and seek an assurance that Wirral victims of domestic abuse will not suffer through further delays to the Domestic Violence Bill and that his and his colleagues’ language about violence towards women will be measured and befitting of enlightened and intelligent parliamentarians. Council invites all elected members to make appositive contribution locally by supporting the valuable work of Wirral Council, Wirral Women and Children’s Aid, Involve Northwest, RASA Merseyside, Tomorrow’s Women and the Freedom Programme, and to sign Women’s Aid - 16 Days of Action Against Domestic Violence campaign and asks all members to sign their pledge. https://16daysofaction.co.uk/the-campaign/.

79 MOTION (2) CHILDREN IN CARE

Councillor Ian Lewis moved and Councillor Wendy Clements seconded a Motion submitted in accordance with Standing Order 7(1).

Councillor Tom Usher moved and Councillor Liz Grey had seconded an amendment in accordance with Standing Order 12(9). The amendment was accepted by the Mover and seconder of the motion.

After a vote it was


Council notes that six in every 10 looked after children are in care due to abuse or neglect, causing a lasting impact on their mental health and emotional wellbeing. On behalf of these children, Council demands that the care provided be of the highest quality, while ensuring every pound spent is used well and for the purpose intended. Council believes that, while many care providers are meeting these obligations, some are not and that the inflationary increases imposed by some providers has not been met with a commensurate increase in quality. The cost of care placements for local authorities in the northwest have in some cases reported a 33% increase over three years,

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https://16daysofaction.co.uk/the-campaign/

whilst the largest care provider boasts a 26% return on its children’s services “investments”. Council welcomes the ongoing development of an Authority-led strategy, to ensure Wirral children receive quality care at a reasonable cost and to report back to all members on progress. This strategy will explore:

Increasing our in-house capacity Bolstering our foster care numbers Working with respected non-profit organisations Collaborating with the city region to consider

commissioning arrangements Council also asks that the government does its part. Children’s Services has not been allocated adequate funding by the government. It is also up to the government to provide central oversight and control of a market that is not, at present, working for children or for the public purse. Council requests that the leader and lead member write to government to express these concerns.

80 MOTION (3) PRIORITISING SAFETY AROUND SCHOOLS

Councillor Stuart Kelly moved and Councillor Chris Carubia seconded a Motion submitted in accordance with Standing Order 7(1).

After a debate where it was emphasised that the Motion could help encourage children to walk or cycle to school, it was


Council notes the current Parking Enforcement Policy adopted by Cabinet 15 March 2012.https://www.wirral.gov.uk/sites/default/files/all/Parking,%20roads%20and%20travel/parking/Wirral%20Council%20parking%20enforcement%20policy.pdf Council considers that enhanced priority to safety around schools should be included within the Policy. Council, therefore, requests that the Cabinet Member for Community Services reviews the Policy and suggests that she adopts the following suggested amendments to prioritise illegal parking enforcement around schools. Amendment 1 To section 2.9.1 (Parking Enforcement is therefore undertaken to assist in), add additional bullet point:

Allowing pedestrians and cyclists on route to work, school or leisure safe travel unimpeded by illegally parked vehicles.

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https://www.wirral.gov.uk/sites/default/files/all/Parking,%20roads%20and%20travel/parking/Wirral%20Council%20parking%20enforcement%20policy.pdf



Amendment 2 To section 2.9.3 (outline enforcement regime), amend 9th bullet point. Currently reads:

School Keep Clear markings throughout the Borough will be enforced with a rolling programme and in response to specific demands.

Amend to read: School Keep Clear markings, yellow lines and dropped kerbs

around schools throughout the Borough will be enforced daily during term time.

Amendment 3 To section 2.9.4 (frequency and times of patrols), amend paragraph. Currently reads: To ensure an efficient and effective operation the exact frequency and times of patrols are left to the Director of Technical Services and his appointed contractor to determine. These frequencies and times will be reviewed regularly. Amend to read: To ensure an efficient and effective operation the exact location, frequency and times of patrols are left to the Director of Technical Services and his appointed contractor to determine. Except that safety around schools shall be given daily priority during term time and at morning and afternoon peaks. These frequencies and times will be reviewed regularly.

81 MOTION (4) BOOSTING FUNDS FOR GREEN TRANSPORT

Councillor Pat Cleary moved and Councillor Chris Cooke seconded the following Motion submitted in accordance with Standing Order 7(1):

“Council notes that, following the declaration of a Climate Emergency in Wirral, the draft climate strategy states that:

Transformation on an extraordinary scale is needed To meet our fair share of the global pollution reduction challenge

means cutting CO2 by an average of 13.4% each year compared to the present reduction of around 3.8 % per year

The transport sector accounts for 26% of Wirral’s carbon foot print We must see a complete shift to fossil fuel free local travel by

around 2030

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Council is also aware that:

Wirral has again been excluded from the City Region’s plans for new train stations and there is no funding in place to boost the number of train stations in Wirral

The bus network in Wirral continues to be eroded by the withdrawal of some services and reductions in others, leaving more and more residents isolated and increasing car dependency

That the City Region’s Cycling Infrastructure Plan to 2029 falls well short of providing a comprehensive network of safe cycling routes in Wirral and, to date, funding has only been secured for a single scheme in Wirral (Leasowe to Seacombe)

That there is no plan in place for comprehensive public transport within the Wirral Waters area and the council has still to declare any alternative to the proposed streetcar scheme

Council therefore agrees that there is a huge amount of work to be done and funds to be raised if we are to honour our Climate Emergency declaration and also achieve zero-carbon transport by 2030. Council also notes the Workplace Parking Levy introduced by Nottingham City Council in 2012. This applies a charge for all employers with 11 or more parking spaces with funds ring fenced for transport improvements. To date, this has helped deliver:

The highest bus and tram use per head in the country outside London.

Reduced congestion, improvements to local air quality and lower carbon emissions

Additional funding streams as every £1 generated by the levy has helped deliver an additional £2 in funding from external sources. This has helped finance a doubling in the local tram network, refurbished train and bus stations and the fully electric Link bus network

Council therefore requests cabinet to ask relevant officers to prepare a report on whether the development of the Workplace Parking Levy in Nottingham, a city with a congested road network and the benefit of a directly controlled bus service and advanced transport network and two established Air Quality Management Areas, has any lessons that can be transferred to the very different circumstances in Wirral. This to include but not limited to:

The potential direct revenue generation to 2030 for Wirral Borough Council

An estimate of additional funding from external sources leveraging the funds secured from a local levy

The practical steps required in order to introduce a scheme with particular reference to the lengthy process of consultation undertaken in Nottingham,

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the exemptions that had to be made for members of the NHS and other services, the impact on schools and an understanding of the impact on residential areas where parking might have been displaced from businesses into residential areas and the need for effective consultation with small businesses.

Sources https://www.nottinghamcity.gov.uk/information-for-residents/transport-parking-andstreets/parking-and-permits/workplace-parking-levy https://bettertransport.org.uk/blog/better-transport/winning-policy-nottinghamsworkplace-parking-levy https://www.centreforcities.org/reader/funding-financing-inclusive-growthcities/reviewing-funding-finance-options-available-city-combined-authorities/1nottingham-workplace-parking-levy/”

Councillor Steve Foulkes moved and Councillor Tony Smith seconded an amendment in accordance with Standing Order 12(9).

Councillor Wendy Clements moved and Councillor Andrew Hodson seconded an amendment in accordance with Standing Order 12(9).

Following a debate which focussed on the difficulties of various modes of transport including busses and trams, the two amendments and Motion were put to the vote. The first amendment received 22 votes for, 27 against and 1 abstention and was declared lost. The second amendment received 16 votes for, 33 against with one abstention and was declared lost.

The substantive Motion was then voted on (11 for, 38 against with 1 abstention) and declared lost.

GUILLOTINE

Councillor Chris Blakeley moved that the guillotine be invoked immediately and all subsequent items not be debated and be put to simple votes. This was seconded by Councillor Lesley Rennie.

This was agreed.

82 MOTION (5) WIRRAL COUNCIL TO COMMIT TO KEEP IT LOCAL CAMPAIGN

Councillor Janette Williamson moved and Councillor Tony Jones seconded a Motion submitted in accordance with Standing Order 7(1).

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https://www.nottinghamcity.gov.uk/information-for-residents/transport-parking-andstreets/parking-and-permits/workplace-parking-levy

https://www.nottinghamcity.gov.uk/information-for-residents/transport-parking-andstreets/parking-and-permits/workplace-parking-levy

https://bettertransport.org.uk/blog/better-transport/winning-policy-nottinghamsworkplace-parking-levy

https://bettertransport.org.uk/blog/better-transport/winning-policy-nottinghamsworkplace-parking-levy

https://www.centreforcities.org/reader/funding-financing-inclusive-growthcities/reviewing-funding-finance-options-available-city-combined-authorities/1nottingham-workplace-parking-levy/



Councillor Ian Lewis moved and Councillor Wendy Clements seconded an amendment in accordance with Standing Order 12(9).

Councillor Pat Cleary moved and Councillor Steve Hayes seconded an amendment in accordance with Standing Order 12(9).

Having applied the guillotine, the Council did not debate this matter.

The first amendment was put to the vote (for 24, against 25, one abstention) and declared lost.

The second amendment was put to the vote (for 49, none against, one abstention) and carried.

The substantive Motion was put to the vote and it was


Wirral Council believes in the power of community. That’s why we understand the best way to tackle the challenges we face as an authority and create transformative local services for our residents is to Keep it Local. Keeping it Local means, we will work to harness the local potential that exists in our authorities’ neighbourhoods and communities, by building strong local partnerships, sharing power and maximising local strengths. In doing so, we can use public resources to invest in the local economy and support community capacity, Social Value and the opportunity to keep wealth in Wirral. We will provide services which intervene early to reduce long-term costs and drive down pressure on our public services.Council notes that recent years have seen a trend towards outsourcing services at scale, which has crowded out local community organisations. Wirral Council aspire to adopt a different way: to Keep it Local. Wirral Council calls upon Cabinet to join the Keep it Local Network – a coalition of forward-thinking councils like ours. To sign up to the network, Cabinet will commit to work towards seven ‘Keep it Local principles’:

1. Think about the whole system, not individual public service silos.2. Co-ordinate services at the neighbourhood level. 3. Increase local spend through progressive procurement to invest in the local economy. 4. Focus on early intervention now to save costs tomorrow.

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5. Commit to communities and proactively support local organisations. 6. Commission services simply and collaboratively so they are ‘local by default’ 7. Promote a fully circular economy that designs out waste, keeps products and materials in use and maintains natural systems.

We call upon Cabinet to convene a discussion with the local community to co-design what it means to Keep it Local in the Wirral setting and continue to work with Locality and peer councils in the Keep it Local Network to assess and improve our current practice. We also call on Cabinet to appoint a ‘Keep it Local Champion’ within the Cabinet and in the Senior Management Team to take ownership of this work and work with colleagues in pursuit of these aims.

83 MOTION (6) BETTER PROVISION FOR STRAY, ABANDONED AND NEGLECTED DOGS

Councillor Lesley Rennie moved and Councillor Ian Lewis seconded a Motion submitted in accordance with Standing Order 7(1).

Councillor Paul Stuart moved and Councillor Brian Kenny seconded an amendment in accordance with Standing Order 12(9).


The amendment was put to the vote (for 30, against 19, one abstention) and carried.

The substantive Motion was put to the voted and it was


Council congratulates the Friends of Birkenhead Kennels for their work, since 2010, to ensure that more stray, abandoned and neglected dogs are now cared for and rehomed. Council wishes to thank those residents and businesses who support this important local facility. Council welcomes the decision of the administration at that time to shelve a previous proposal to relocate the kennels to Halewood ensuring that the current premises on Corporation Road remained open. Those premises are no longer fit for purpose not only due to the acceleration of work at adjacent Wirral Waters, but do not provide the best conditions for the animals welfare. Council therefore requests Cabinet to instruct officers to undertake work, in consultation with the Friends of Birkenhead Kennels, to achieve this.

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84 MOTION (7) APPRAISAL OF PARKING RESTRICTIONS IN WIRRAL

Councillor Stuart Kelly moved and Councillor Allan Brame seconded a Motion submitted in accordance with Standing Order 7(1).

Councillor Tom Usher moved and Councillor Tony Jones seconded an amendment in accordance with Standing Order 12(9).





1. Council notes that the provision of parking restrictions (e.g. yellow lines) throughout the Borough is inconsistent with restrictions present where they may no longer be required and no restrictions present on junctions which present a danger to road users. 2. Council notes the Secretary of State's Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions... https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_ data/file/609788/statutory-guidance-local-authorities-enforcementparkingcontraventions.pdf 3. Council notes para 6.1 which states: Enforcement authorities should monitor their parking policies, enforcement regimes and associated regulatory framework (including penalty charge levels). They should appraise them when reviewing their Local Transport Plans and make recommendations for improvements to members. Council welcomes the concerns that cabinet has expressed that there has not been a comprehensive appraisal of parking restrictions in Wirral and fully supports the administration’s moves to look at parking restrictions from a borough-wide perspective. 4. Council notes the guidance offered in para 6.4 which states: The appraisal should take account of:

existing and predicted levels of demand for parking; the availability and pricing of on- and off-street parking places; the impact on the local economy and the viability of local shops

and high streets; the justification for, and accuracy of, existing traffic orders; the adequacy, accuracy and quality of traffic signing and road

markings which restrict or permit parking;

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https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach%20ment_%20data/file/609788/statutory-guidance-local-authorities-enforcementparkingcontraventions.pdf



the level of enforcement necessary for compliance; the levels of penalty charges; the need to resource the operation effectively and ensure that all

parking staff are appropriately trained; and impact on traffic flow, i.e. traffic or congestion outcomes.

5. Council notes that when carrying out an appraisal, the guidance states at para 6.3: The Secretary of State recommends that enforcement authorities consult locally on their parking policies when they appraise them. They should seek the views of people and businesses with a range of different parking needs as well as taking into account the views of the Police. Council considers that local Ward Members should also be consulted as the appraisal progresses. 6. Council welcomes the work that has already been done on a Wirral-wide review of its parking restrictions in line with statutory guidance and asks that it explores all of the aspects outlined above.

85 MOTION (8) BOROUGH OF CULTURE ACHIEVEMENTS

Councillor Brian Kenny moved and Councillor George Davies seconded a Motion submitted in accordance with Standing Order 7(1).


The Motion was put to the vote and it was

Resolved (49:0 with one abstention) – that

Council notes the recent events held in Wirral and their success in bringing many thousands of visitors to the Borough, as well as providing unrivalled entertainment for local residents. The Wirral Food & Drink Festival was a huge success, attracting vendors from across the region and providing a platform for local producers – and seeing many thousands of visitors able to enjoy the best of our Borough. In addition, this took place alongside music events over two nights, which saw the Royal Liverpool Philharmonic Orchestra and popular Merseyside bands the Lightning Seeds, China Crisis and the Christians give memorable performances. This event was then followed, just days later, with the OVO Energy Tour of Britain stage five taking place in Wirral. The event started and ended in Birkenhead Park – our historic park which was showcased to the world by global live TV coverage. Also, the launch of the “Sir David Attenborough” at Cammell Lairds, on 26th September, was a cause for great celebration and pride. These events took place as part of Wirral’s year as the Borough of Culture, which has seen events ranging from the return of the Walker

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Cup golf tournament to the Royal Liverpool Golf Club in Hoylake, art exhibitions, Animated Square, the River Festival and many more. Council congratulates the Cabinet member Christine Spriggs and all those Officers, staff and volunteers who have worked tirelessly to ensure the huge success of these events, showing this Borough in the best possible light. Council agrees to congratulate and thank everyone involved, for their vision, hard work and commitment. Finally, Council wishes to thank all residents who have supported and/or participated in any of the recent events.

86 MOTION (9) EVERY CHILD MATTERS

Councillor Wendy Clements moved and Councillor Chery Povall seconded a Motion submitted in accordance with Standing Order 7(1).

Councillor Tom Usher moved and Councillor Christina Muspratt seconded an amendment in accordance with Standing Order 12(9).





Council welcomes the increasing numbers of children attending ‘good’ or ‘outstanding’ schools in the Borough and increasing levels of achievement and attainment at all stages. Council believes that only a wide range of schools, catering for the needs of all Wirral’s children, can ensure that no child is left behind and that all children reach their full potential. Council urges this Government to reverse the shameful decline in finances for the State Education Sector and adequately fund all State schools and in particular SEND education. This Council agrees that all educational opportunity should be equal. This is only possible if State Education is properly funded to match the provision in Independent Schools.

87 MOTION (10) DELIVERING A NEW DEAL FOR TRANSPORT

Councillor Phil Gilchrist moved and Councillor Dave Mitchell seconded a Motion submitted in accordance with Standing Order 7(1).

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Councillor Tony Norbury moved and Councillor Tony Jones seconded an amendment in accordance with Standing Order 12(9).


The amendment was put to the vote (for 21, against 23, one abstention) and declared lost.


Resolved (26:0 with 19 abstentions) - that

This Council a) welcomes the action of Members who raised the issue of changes

and reductions to Wirral bus services at the Transport Committee of the Liverpool City Region Combined Authority on 18 July 2019

b) remains frustrated that changes introduced in September 2019, with the removal of good connections and direct links, affect access to Arrowe Park Hospital and other communities

c) recalls that a Motion put forward by Cllr Stuart Kelly and seconded by Cllr Allan Brame in December 2018 called on Metro Mayor Steve Rotheram to exercise powers devolved under the Bus Services Act 2017 and move towards a fully franchised bus network for LCR and Wirral (minute 90 refers) http://s03vs-intrcm.core.wcent.wirral.gov.uk/mgAi.aspx?ID=46436

Council notes that the Transport Committee of the Liverpool City Region Combined Authority considered the Transport Plan on 13 June 2019… https://moderngov.merseytravel.gov.uk/documents/s37842/09b%20%20CA%20Transport%20Plan%20-%20Appendix%20Two.pdf and that there is, within it, ‘Priority Action 3.2' that is … " To consider the opportunities set out within the 2015 LCR Devolution Deal and Bus Services Act 2017 relating to new forms of ownership and control of local bus services. An Outline Business Case will be developed by spring 2020" Whilst Council understands that Merseytravel is currently evaluating two potential alternative models, enhanced partnerships and franchising, it has concerns over the length of time to achieve this whilst the Wirral’s residents suffer from gaps in services and services that do not meet local needs. Council observes that in June 2019, the Mayor of Greater Manchester set out to progress the franchising model… https://ilovemanchester.com/andy-burnham-announces-our-network-planintegrated-modern-accessible-public-transport-system/ though this has brought the predictable reaction from Stagecoach...

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http://s03vs-intrcm.core.wcent.wirral.gov.uk/mgAi.aspx?ID=46436

http://s03vs-intrcm.core.wcent.wirral.gov.uk/mgAi.aspx?ID=46436

https://moderngov.merseytravel.gov.uk/documents/s37842/09b%20%20CA%20Transport%20Plan%20-%20Appendix%20Two.pdf

https://moderngov.merseytravel.gov.uk/documents/s37842/09b%20%20CA%20Transport%20Plan%20-%20Appendix%20Two.pdf

https://ilovemanchester.com/andy-burnham-announces-our-network-planintegrated-modern-accessible-public-transport-system/

https://ilovemanchester.com/andy-burnham-announces-our-network-planintegrated-modern-accessible-public-transport-system/

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/busfirms-legal-action-manchester-16481755 In view of the likely progress in Manchester, this Council considers it essential that Merseyside collects information from other areas, learns from their experience and speeds up the process of securing bus services that meet local needs, provide services that are reliable and efficient and, in this process, cuts carbon emissions to deal with the climate emergency.Accordingly this Council requests that our Metro Mayor ensure that Merseytravel’s evaluation is brought forward, concluded speedily and effected as soon as practicable.

88 MOTION (11) THE PLACEMENT MARKET IS NOT WORKING FOR CHILDREN OR FOR THE PUBLIC PURSE

Members were informed that this item had been withdrawn following the vote on Motion 2, above (Minute 79 refers).

89 MOTION (12) BIOSOLAR ROOFING ON ALL SUITABLE FLAT ROOFS

Councillor Andy Corkhill moved and Councillor Allan Brame seconded a Motion submitted in accordance with Standing Order 7(1).




Council notes: 1. that a Climate Emergency, with the amendment that it contained

practical policy, was passed on 15 July 2019; 2. that climate change, as well as being a national and international

issue, needs to be addressed effectively at local level; 3. that the Council has a goal of reducing its CO2 emissions by 60%

by 2025; 4. that the Wirral Biodiversity Action Plan urges the integration of

biodiversity conservation objectives into all policy formulation, decision making and service delivery.

Council recognises that: a) BioSolar roofing combines biodiverse green and solar

photovoltaic technology, providing water attenuation, biodiversity and habitat enhancement, and clean, renewable energy (see https://livingroofs.org/introduction-types-greenroof/biosolar-green-roofs-solar-green-roofs/)

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https://www.manchestereveningnews.co.uk/news/greater-manchester-news/busfirms-legal-action-manchester-16481755

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/busfirms-legal-action-manchester-16481755

https://livingroofs.org/introduction-types-greenroof/biosolar-green-roofs-solar-green-roofs/

https://livingroofs.org/introduction-types-greenroof/biosolar-green-roofs-solar-green-roofs/

b) Green roofs and solar are complementary technologies that will accelerate the biodiversity net gain requirement the UK must achieve;

c) BioSolar roofing is an important element of urban design if we are to create buildings that are zero-carbon and energy positive and meet biodiversity gain requirements;

d) BioSolar roofing will help achieve significant carbon reduction and show that the Council is serious about implementing solutions and taking practical steps to respond to the climate emergency motion.

Accordingly, Council (i) agrees with the principle of installing bio and solar roofing on all

suitable flat roofing owned by the Council, and on all new builds with flat roofs and

(ii) requests Cabinet urgently to investigate practical steps to implement this policy.

90 MOTION (13) SAFER ROADS

Councillor Joe Walsh moved and Councillor Tom Usher seconded a Motion submitted in accordance with Standing Order 7(1).

Councillor Pat Cleary moved and Councillor Chris Cooke seconded an amendment in accordance with Standing Order 12(9).





Council notes that one of the main concerns raised by Wirral residents is that of speeding traffic. Council also acknowledges that, on investigation, it is often the case that traffic is not breaking the speed limit of 30mph on most residential roads but is still causing a nuisance and preventing people from feeling that they are safe. Council recognises that roads need to be safe and need to feel safe. Council agrees that we should seek to calm and reduce traffic along our residential roads in order to reduce air pollution, noise pollution and dangerous greenhouse gas emissions and also to improve safety and

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people’s perception of safety, promoting walking and cycling and further enabling the model shift from car to active travel that is so important in the current environment and climate emergency. Council therefore asks Cabinet to instruct officers to seek funding and to explore measures to calm and reduce traffic speeds on local residential roads, as soon as possible across the borough, working with the Police to ensure full effectiveness. Specifically, Council agrees that our urban areas need more 20mph speed limits to create safer streets and more vibrant communities where people live, work and shop. Already more than 20 urban authorities in the UK have a policy of setting 20mph as the default for all their streets. Council therefore requests cabinet to identify a substantial pilot area within Wirral to trial a comprehensive 20 mph zone with a view to rolling out a Borough-wide programme. This should be based on the scheme already implemented by Edinburgh City Council: https://www.livingstreets.org.uk/media/3466/edinburgh-20mph.pdf Council should note that it is the intention of the Cabinet portfolio holder for Environment and Climate Change to write to the Secretaries of State for Transport and Environment to request adequate funding for the implementation of such schemes.

91 MOTION (14) KEEPING ALLEYWAYS CLEAR

Councillor Allan Brame moved and Councillor Andy Corkhill seconded a Motion submitted in accordance with Standing Order 7(1).




Council notes the Council’s obligation to keep alleyways and entries free from waste build-up in order to maintain free passage for residents who are expected to present their bins for collection at the ends of the alleys.Council notes that if an alleyway becomes unpassable with a wheelie bin, it is impossible for residents to place their bins as required by the Council.Council notes that Biffa is engaged to keep the alleyways clear of rubbish via a regular cleanse. However, Council notes that rubbish is not the only impediment to residents seeking to present their bins as required and that overgrown

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https://www.livingstreets.org.uk/media/3466/edinburgh-20mph.pdf

vegetation/weeds, standing water due to blocked drains and fly tipping can also serve to make alleyways impassable. Council therefore requests that the appropriate Cabinet Member puts in place arrangements to ensure that overgrown vegetation/weeds, standing water and fly tipping are included in the general maintenance of all adopted and unadopted alleyways that it has an obligation to keep clear for waste collection purposes.

92 MOTION (15) BLUE FLAG BEACHES

Councillor Janette Williamson moved and Councillor Allan Brame seconded a Motion submitted in accordance with Standing Order 7(1).




Council acknowledges that Wirral’s coastline deserves the best protection possible. Council acknowledges that following mistakes in managing our coasts, investigations are still ongoing, but lessons are already being learned. Council acknowledges that the Blue Flag* award is an internationally recognised sign of the very best quality beaches and that neighbouring authorities have achieved Blue Flag status, indicating to visitors that their beaches are safe, clean and very well looked after. Council agrees that WBC set as a target the achievement of blue flag beaches along all of our beautiful coastline and takes steps to achieve this as soon as possible, consulting and working with stakeholders. This will help us to improve biodiversity and add to our attractiveness as a visitor destination. Council requests Cabinet to work with the scrutiny committee, and United Utilities and Welsh Water to ensure that water standards along our coasts are always up to blue flag standards. *The Blue Flag Programme for beaches and marinas is run by the international, nongovernmental, non-profit organisation FEE (the Foundation for Environmental Education). The Blue Flag Programme started in France in 1985. It has been implemented in Europe since 1987 and in areas outside of Europe since 2001, when South Africa joined. Today, Blue Flag has become a truly global Programme, with an ever-increasing number of countries participating in it. The Blue Flag Programme promotes sustainable development in freshwater and marine areas. It challenges local authorities and beach operators to achieve high standards in the four categories of: water quality,

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environmental management, environmental education and safety. Over the years, the Blue Flag has become a highly respected and recognised eco-label working to bring together the tourism and environmental sectors at local, regional and national levels.

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COUNCIL9 DECEMBER 2019

CABINET PORTFOLIO SUMMARY REPORT

REPORT OF Councillor Pat Hackett

CABINET PORTFOLIO FOR Leader of the Council

EXECUTIVE SUMMARY

This report is an update from the Leader of the Council to Members of the Council on matters relevant to the portfolio.

WIRRAL: LIVERPOOL CITY REGION BOROUGH OF CULTURE As our year as Liverpool City Region Borough of Culture comes to an end, Wirral has – as I noted at the last meeting – been well and truly placed on the national and international map.

Since the last report we have seen the Moon visit Birkenhead town hall and thousands of people were able to enjoy this extraordinary exhibition.

We also had the return of the Fireworks spectacular River of Light which dazzled tens of thousands of people in New Brighton and on Liverpool’s waterfronts, as well as displays also taking place in parks across the borough across the weekend.

This year’s River of Light was accompanied by a soundtrack of popular songs from artists who have performed in the city this year, and even before the fireworks started there was plenty to see and do for all the family in New Brighton with live music, movement and lighting performances and delicious hot food and drink on offer.

BIRKENHEAD

Birkenhead is one of 100 towns that have recently been selected nationally to work towards a Town Deal as part of Government’s £3.6bn Towns Fund to further improve the ability of towns to realise their growth ambitions. The list included four towns from the Liverpool City Region – Birkenhead, Runcorn, Southport and St Helens. They can apply for up to £25m to support their approaches to economic regeneration, infrastructure and housing.

This grant ties in with the work of the Wirral Growth Company which has recently been carrying out the second phase of consultation on the future of Birkenhead and seeking the views of residents, visitors and shoppers as well as businesses and traders, and work on this regeneration continues to make good progress.

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Agenda Item 6

LIVERPOOL CITY REGION

The Council has been working closely with the LCR Combined Authority and in my role as portfolio holder for Inclusive Economy & Third Sector have been able to bring forward many millions of pounds of investment which will help local businesses across the entire city region including Wirral as well as supporting more people into high quality employment. The Strategic Investment Fund (SIF) is being used to support business and growth and skills development across the city region.

This is all about inclusive growth – the Combined Authority £75m SME growth programme is not only helping businesses to grow, it is also helping our residents find good work in these growing businesses.

Some examples of the recent work includes:

Agent Academy, which helps young people from less advantaged backgrounds into good jobs in the digital and creative industries. It takes groups onto a twelve week programme with training and real work experience, with more than 90% of finishers finding a full time role. The project provides £700,000 to expand this successful programme, with ambitions to expand from Liverpool’s Baltic Triangle into Wirral and St Helens.

In October alone £47 million of SIF funding was announced including the £20million Flexible Growth Fund to provide flexible, low interest loans to companies that wish to expand. An additional £4.5m of SIF is committed to the Inward Investment Facilitation Fund and we hope to commit an additional £2.5m of ERDF in due course, to incentivise companies to locate in our City Region, and the Createch Scale Up Programme, which is about helping tech enabled businesses grow. These businesses can be found all over our City Region, from Southport to Birkenhead to Daresbury, and our aim is to take around 180 businesses through a networking and growth programme - and to create an innovative platform for the creative and digital sector in our city region.

Work has been ongoing in developing a Local Industrial Strategy (LIS), a key strategic priority that will set out the City Region’s economic strengths, our challenges, and how we can best address them. The total commitment is £4.1m – including a contingency – for developments in North Liverpool, St Helens, Wirral and Knowsley to develop a total of approximately 235,000 square feet of light industrial space – the kind that local engineers, medical manufacturers or events companies might need.

The £11.75 million national children’s museum Eureka! has now been given planning permission to press ahead with plans at Seacombe Ferry Terminal. Expected to attract almost 200,000 visitors a year and contribute to the local economy it has been made possible because of a £6.4m contribution from the Combined Authority in addition to £200,000 from Wirral Council and £200,000 from a national charity.

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REPORT OF Councillor Anita Leech

CABINET PORTFOLIO FOR The Local Plan

EXECUTIVE SUMMARY This report is an update from the Deputy Leader of the Council and Portfolio Holder for Local Plan to Members of the Council on matters relevant to the portfolio.

The Council is making good progress preparing the Local Plan which will outline how the borough will be developed over the next 15 years.

A special meeting of the Cabinet and an extraordinary meeting of the council are scheduled to take place early in January to consider the proposals for consultation to move to the next stage.

Local Plans are used to help decide on planning applications and related decisions, shaping infrastructure investments and determining the future pattern of development in the borough. As we move ahead with development at Wirral Waters, push forward the regeneration of Birkenhead’s town centre and continue to work to attract investment into the borough, this is more important than ever before.

Most important is that the Local Plan meets the needs of the borough’s residents. If Council gives its approval it is intended to start formal consultation as soon as possible in the new year.

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REPORT OF Councillor Elizabeth Grey

CABINET PORTFOLIO FOR Environment and Climate Change

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder for Environment and Climate Change to Members of the Council on matters relevant to the portfolio.

Climate Emergency

Cool2 Climate Change Strategy

The second climate change strategy for Wirral has recently been to public consultation as we prepare for launch in the early new year. The Cool Wirral Partnership has developed Cool2, working with partners to identify the key issues to significantly reduce carbon generation in Wirral.

Climate Emergency Action Plan in Development

In response to the environment and climate emergency resolution of July this year, the Council’s Climate Emergency Action Plan sets out the route map to the Council becoming net carbon neutral in support of the new Cool2 Climate Change Strategy for Wirral.

Trees:

Tree strategy consultation

Wirral Council has unveiled details of a comprehensive strategy for trees and woodland in the borough and is now putting those plans out for consultation.

https://www.wirral.gov.uk/planning-and-building/tree-preservation/consultation-tree-strategy

Walker Park tree planting

As part of National Tree Week, the Friends of Walker Park were joined by Prenton Primary School, Devonshire Primary and volunteers to help to plant more than 900 trees at Walker Park to extend the area of woodland at Walker Park.

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Hoylake Beach

Actions are on hold until officers meet with Natural England, who are the authority on the beach, to confirm options available.

Household Waste Recycling Centre:

Maintenance at Bidston Household Waste Recycling Centre Bidston Household Waste Recycling Centre, located on Wallasey Bridge Road, is closing for two weeks in November until early December to undergo essential maintenance works and the introduction of a range of new traffic management measures.

Transport for Growth:

Amendments to the Transport for Growth Plan

On 25 March 2019 Cabinet approved the acceptance of £1,150,000 of Integrated Transport Block funding allocated to Wirral Council by Liverpool City Region Combined Authority to support the delivery of the Transport Plan for Growth (TPfG) Programme. As part of this approval, delegated authority was passed onto the Interim Director Highways and Streetscene, in conjunction with the Cabinet Member for Environment and Climate Change, to make necessary adjustments to the priorities within the programme should the need arise due to financial or other factors.

In November the initial programme was amended. An updated programme of work, agreed by the Transport for Growth Programme Board, is now in place.

A full list of replacement schemes is availablehttp://democracy.wirral.gov.uk/ieDecisionDetails.aspx?ID=4597

Replacement of Aids to Navigation at New Brighton:

Acceptance of tender

Approval was given in November to award a contract for the provision of services to complete the design, supply and install three Aids to Navigation (AtN) at New Brighton including demolition and removal of existing structures.

Aids to Navigation are markers placed in the vicinity of coastal structures which alert users of the water space to the hazards presented by the coastal structure It is a requirement under the Merchant Shipping Act to mark hazards to navigation.

Road Safety:

Mind Your Business Seminar

A road safety seminar aimed at people who drive for work took place at the Williamson Art Gallery in November to ensure that drivers and their vehicles are ready for winter.

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http://democracy.wirral.gov.uk/ieDecisionDetails.aspx?ID=4597

The event was led by key speakers from the health and safety industry, road safety specialists, police and collision investigation experts. The seminar was funded by the Road Safety Trust.

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REPORT OF Councillor Christine Jones

CABINET PORTFOLIO FOR Adult Care, Health and Wellbeing

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder for Adult Care, Health and Wellbeing to Members of the Council on matters relevant to the portfolio.

Mental Health Day:

Just after the last full council we marked World Mental Health Day with the launch of Wirral’s “Every Mind Matters” campaign. The national day was aimed at raising awareness of mental health issues and ways in which we can support those around us.

Over 21,000 residents engaged with us on social media.

As part of the awareness raising action day, we worked with a wide range of partners to promote the message and the great work they do every day:

“Be Well Wirral” - Suicide Prevention Workshop Public Health England - Every Mind Matters Forum Housing – Resident Workshops Paul Lavelle Foundation – Male Mental Health Spider Project - Build A Bag of Positivity day Tomorrow’s Women Wirral - Treat Yourself Thursday West Kirby Library – Mindfulness through the written word Wirral CAMHS – ‘Just Ask’ Wirral Mind - World Mental Health Day event focusing on suicide prevention.

Safeguarding Adults:

One of the most important roles in the community is ensuring adults are safe from abuse. Earlier this month, we joined with our partners from Knowsley, Liverpool, Sefton and Wirral to celebrate National Safeguarding Adults Week.

During the awareness week, information hubs were set up in community spaces, open to members of the public. Trained staff were on hand to answer questions, offer support and promote safeguarding awareness and information to the people of Wirral. Merseyside Safeguarding Adults Board, formed in 2017, is made up of the four former safeguarding adults boards from Knowsley, Liverpool, Sefton and Wirral.

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Wirral Ways contract:

Back in October Wirral Ways to Recovery were successful in its bid to retain the borough’s contract to provide Adult Substance Misuse Treatment and Recovery Services for a further 5 years.

The contract award followed the service’s ‘Outstanding’ classification, following a recent CQC inspection that was published in August.

Wirral Ways, part of the charity Change Grow Live, is building on its work from the last five years to continue supporting the people of Wirral; working to minimise the harm they experience from drug and alcohol use, so they can go on to live healthier and longer lives. In addition to their current services, which last year supported more than 3,200 people across Wirral, the new contract will see Wirral Ways to Recovery continue to develop strong working links with Wirral’s key health organisations and statutory bodies.

Alcohol Awareness:

Just recently we have again successfully collaborated with our health partners – this time for Alcohol Awareness Week. The theme for 2019 was ‘Alcohol and me'.

Locally, Wirral's alcohol and substance misuse provider held a celebratory Recovery Event at Nightingales Café, Birkenhead.

Working with Public Health, Nightingales is Wirral’s first recovery café, offering alcohol-free fun for all ages.

Flu

With the Flu season upon us once again, a campaign has been launched to encourage parents of 2-3-year olds to ensure their children are vaccinated.

All children aged two and three years old are eligible for a free flu vaccination in the form of a nasal spray. However, not all parents are aware of this or take up the offer.

Not only does the flu vaccine help to protect the children themselves, but by reducing the spread of flu it will also help protect family members, and others in the local community.

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REPORT OF Councillor Tony Jones

CABINET PORTFOLIO FOR Regeneration and Growth

EXECUTIVE SUMMARY

This report is an update from the Cabinet Member for Regeneration and Growth to Members of the Council on matters relevant to the portfolio.

OVERVIEW:

Delivery of the Growth Plan continues to progress well with a full schedule of planned activities to support growth. Highlights for pledge indicators in the second quarter of this financial year include a continued strong employment rate following last year’s continuous improvement trend, with Wirral outperforming the North West average by 2.4 percentage points, and, for the first time, the England average by 0.8 percentage points. Key activity highlights include: EMPLOYMENT: The European funded Wirral Ways to Work Programme continues to perform ahead of target, supporting 6,150 participants since its start in April 2016.

Local voluntary organisation, Involve North West, has successfully secured contracts through competitive tendering exercises to deliver two of Wirral Council’s key employment support projects, the Worklessness Support Project and the Community Connectors Project, ensuring continuation of these successful services beyond 2020.

SKILLS:

As part of a Combined Authority wide programme, Households Into Work, 39 participants were engaged on the programme in Wirral during Q2. The programme aims to help people who are long term unemployed, find employment or at least help them to overcome the barriers that are preventing them from seeking employment.

There are now 365 participants (237 households) in total and Wirral has delivered a 38% overachievement against its target in terms of the number of primary householders engaged on the programme. 16 participants were supported into employment in Q2 giving a cumulative total of 47.

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INVESTMENT:

There has been significant progress made on the development of plans for the centre of Birkenhead with a second stage consultation taking place on proposals including a new business district of high quality offices, alongside a new residential neighbourhood, an improved market, leisure space and extensive public realm improvements.

The proposals, led by the Wirral Growth Company, aim to create a vibrant, revitalised town centre and dynamic evening economy. Events have been held across Birkenhead to display the proposals that were developed following the first stage of consultation.

Also in November, the Council’s Cabinet approved the purchase of shop units at Milton Pavement and unit 13-15 at St Werburgh’s Square. The “strategic” purchase of Milton Pavement, which is close to other sites owned by the Council, will aid delivery of redevelopment proposals arising from the public consultation.

At Wirral Waters, planning approval was granted to the £4m Egerton Village waterside development, located at Four Bridges, adjacent to Wirral Metropolitan College the proposed new No 1 Tower Road South office block. It will comprise of a dockside restaurant and bistro, small independent retail units, artists’ studios, managed workspace and a large public events space and the proposed new Maritime Knowledge Hub that is focused on the hydraulic tower building. A SIF bid is also currently running with the Combined Authority to help develop the Maritime Knowledge Hub at the grade 2 listed Hydraulic Tower building on Tower Road.

The £11.75 million national children’s museum Eureka! has received planning permission to take over the existing Spaceport building at Seacombe Ferry Terminal and is expected to attract almost 200,000 visitors a year.

As well as contributing to the local economy and creating more than 90 jobs, Eureka! Mersey will be focused on children and families and will address a gap in the current offer around science. Significant progress has been made in finalising the funding package for Eureka! Mersey with confirmation of three awards this quarter: £6.4m from the Combined Authority, £200k from Wirral Council and £200k from a national charity.

BUSINESS:

The LEP Commissioned Wirral Growth Hub performance continues to over-achieve on scheduled targets, with 266 business engagements recorded in Q2. Wirral Chamber supports business growth through activities such as website audits, marketing plans, marketing campaigns, social media strategies, business plan development, advertising and HR support, and a range of business skills workshops.

Wirral Chamber is working in partnership with Wirral Council & the Department of Business Energy & Industrial Strategy to support businesses with Brexit Readiness. A readiness training programme took place in October with information sessions, strategy planning and dedicated advisory support.

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The Council is working with colleagues from across Liverpool City Region and the Combined Authority to develop the programme for The Good Business Festival (TGBF). TGBF will replace the International Business Festival, which has been hosted biannually in LCR since 2014.

The festival will bring together thought leaders from around the world to explore themes relating to the business benefits of ‘doing good’. The festival will take place in October 2020 and will be delivered in partnership between Culture Liverpool and Hemingway Design. The Council will ensure that Wirral’s businesses, community groups and young people are aware of, involved in and able to benefit from the Festival.

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REPORT OF Councillor Julie McManus

CABINET PORTFOLIO FOR Community Services

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder for Community Services to Members of the Council on matters relevant to the portfolio.

Leisure

Beechwood Recreation Centre

Beechwood Recreation Centre will be managed and operated by Tranmere Rovers for the next five years after a concession contract for the running of the centre was agreed between Wirral Council and the borough’s professional football club. Under the terms of the agreement, Tranmere will provide the continued delivery of a community leisure service at the centre while leasing the building from the council, saving the local authority an estimated £73,000 per year.

MacMillan

Back in 2017, Wirral Council was awarded £300,000 funding by Macmillan to deliver a project for a 24 month period to undertake an EHNA (electronic holistic needs assessment) for those living with and beyond cancer in the Wirral; to understand their needs and provide support and signpost them to relevant services.

The project was hosted within the leisure team and included 12 weeks access to the leisure centres and also a range of specific targeted sessions for those referred.

The success of the project has been recognised by Macmillan and the team were shortlisted for a National Award for integration. The awards ceremony took place on the 7th November, and whilst unfortunately they didn’t win, the progress and life changing interventions demonstrated across the Borough are significant.

Parks

Mersey Park and Ilchester Park

Mersey Park and Ilchester Park have been selected as parks that will benefit from a funding grant of £56,000 received from the Ministry of Housing, Communities and Local Government.

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The parks will receive work over the coming months to improve and enhance green space and introduce new features. The parks have been highlighted as areas of important green space in the surrounding area, both parks are situated in areas of dense housing.

North West in Bloom Competition 2019

31 groups across Wirral received awards for their fantastic projects at the ‘North West In Bloom Competition’ Awards Ceremony in October. Birkenhead Constituency Committee and team have supported the projects with funds, co-ordination and project management.

In Your Neighbourhood Awards

8 groups won Outstanding level 5 11 groups won Thriving level 4 6 groups won Advancing level 3 2 groups won Improving level 2

Village in Bloom

Oxton Gold The Ship Inn Bronze Wirral Parks Silver Hillside School School award

Birkenhead Park

Birkenhead Park hosted an event 8–13 Nov R.I.B.A (Royal Institute of British Architects) in conjunction with FINSA (FINANCIAL MADERERA S.A.) the event showcased works by Liverpool John Moores University architecture students.

Christmas food collections

Landican Crematorium has been collecting food donations for the Neo-natal Community project Christmas Hamper Appeal. They are collecting items for 1000 Christmas Hampers and are asking for non-perishable food items, toiletries, small gift sets and Christmas treats. If anyone would like to donate and help give a local family the Christmas they deserve, please drop these off at Landican Crematorium. Landican Cemetery recycling of metals

Landican recently presented a cheque from the Crematorium’s Recycling of Metals scheme, to the Candice Coley foundation for a total of £8000. The Foundation aims to help Leukaemia and other blood cancer patients and their families and at the moment focuses their support on Ward 30 at Arrowe Park Hospital, Wirral and The Bone Marrow Transplant Unit at The Royal Liverpool Hospital.

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Museums

Williamson Art Gallery

From September to the end of November the Williamson Art Gallery has hosted two very important exhibitions: A retrospective from Christian Furr, who is the youngest artist ever to be invited to paint the Queen; and Distinctly which shows the best of British Documentary photography. Distinctly was developed to be shown in China, and the Williamson’s exhibition is it’s only showing in the UK. Events such as these have helped to attract visitors into the gallery and visitors are up over 8,000 on this time last year, with 45,680 visitors between January and the end of October. The furniture gallery reopened at the end of October following redecoration made possible through sponsorship from Brewers Decorating Centres. Williamson Art Gallery & Museum won the RHS Britain in Bloom Neighbourhood Award, achieving a Level 5 – Outstanding

The Priory

Our Priory volunteers celebrated their 5th Birthday on 4 November. The Priory volunteers act as tour guides, manage the planters and support events.

Volunteers and Friends

Our Friends organisation has over 500 members and are active in fundraising for the Gallery and the Priory. Their largest investment to date was in the development of the Green Gallery, which turned waste land in the centre of the Gallery into a delightful garden/outdoor seating area. The Friends maintain the Green Gallery and recently commissioned lighting for the space with installation starting in November. 15 Documentation volunteers, supporting the audit of our collections as part of the capital project to reduce the backlog of documentation and accessioning and digitize our collections, have processed over 2,500 items since they started in the summer.

Golf

Arrowe Park and The Warren

In October a decision was made on the next steps for the future provision of municipal golf courses. It was agreed that Arrowe Park and The Warren golf courses be retained in-house. The Council will now commission a ground survey to be carried out at each course and the capital programme be amended to carry out any work that is identified from the survey findings over the next eight years, to ensure that each of the courses is brought up to standard and that grounds maintenance staff have the appropriate equipment required. A consultative user group will be set up to meet once a quarter with each of the golf courses to discuss any issues and problems identified.

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Libraries

'Food for Fines'

Wirral Libraries' 'Food for Fines' initiative - which allowed borrowers to clear unpaid library fines by donating food and toiletries to Wirral Foodbank took place during libraries week. A substantial amount of food and toiletries was donated to foodbanks to help families in-need across Wirral. A total of £1,900 worth of library fines were waived in return during the week.

Library Week

An under 5’s morning was held at Birkenhead Library during Library Week. Over 150 people attended for a Baby Bounce and Rhyme session and to visit information stalls.

Booktrust’s Time to Read

F2 classes had a special story time in Bebington Library based on The Cave by Rob Hodgson, which the reception children have all received a free copy of as part of the Booktrust’s Time to Read initiative. 15 classes have so far booked in for sessions in the West Wirral area. Over 20 schools have booked into the Birkenhead area.

Highways

A multi-million-pound investment in Wirral’s road network is drawing to a close, with more than 270 roads and footways on this year’s programme successfully repaired.

The current strategy for highways maintenance utilises a variety of surface treatments and patching programmes. Table 2 below provides the number of potholes repaired month by month.

17-18Potholes Repaired

18-19Potholes Repaired

Apr-17 18 Apr-18 26

May-17 24 May-18 26

Jun-17 25 Jun-18 53

Jul-17 16 Jul-18 32

Aug-17 16 Aug-18 8

Sep-17 20 Sep-18 11

Oct-17 11 Oct-18 15

Nov-17 10 Nov-18 13

Dec-17 23 Dec-18 17

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Jan-18 27 Jan-19 29

Feb-18 31 Feb-19 18

Mar-18 55 Mar-19 24

TABLE 2: POTHOLES REPAIRED APR-18 TO MAR-19

2018Potholes Repaired

2019Potholes Repaired

Apr-18 26 Apr-19 28

May-18 26 May-19 45

Jun-18 53 Jun-19 13

Jul-18 32 Jul-19 22

Aug-18 8 Aug-19 7

Sep-18 11 Sep-19 25

TABLE 3: POTHOLES REPAIRED APR-19 TO SEP-19

Street lighting Around 10,300 streetlights in Wirral have been installed with new LED lamps. It will take two years to complete the LED programme replacing a total of 26,000 new LED lanterns and 9,000 columns. Work on columns will begin in the New Year.

Wirral has more than 35,000 streetlights and once complete, the streetlights will help to cut carbon emissions by 1,346.34 tCO2 per year.

As well as helping to meet carbon reduction targets by dramatically reducing energy use by 4,414,240 kWh per year, the new LED lights will also reduce running costs, these lamps are longer lasting than the original fittings, as well as requiring less maintenance.

In order to ensure the programme is delivered successfully and residents are kept informed, a Streetlight Action Group has been established, a project plan produced, performance dashboard created, and customer training planned for 100+ delivery staff.

A Street Lighting & Operations Manager has been appointed to supervise the programme.

Snapshot of Performance May – November 2019: Number of streetlights in Wirral:38,000 % Faulty Streetlights: 4.6% Total number of reported faults: 3705

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Total number of streetlight repairs undertaken: 4285 Streetlight – first time fix rate: 96%

Neat streets More than 120 tonnes of fly-tipped waste were removed from streets and alleyways as Wirral Council and partner organisations including Biffa, Magenta Living and Community Payback teams, carried out a comprehensive clean up on areas of Birkenhead that have been most blighted by environmental problems.

As well as fly-tipping and alleyway dumping, contaminated bins, graffiti and untidy gardens and pavements were addressed as part of the ‘Neat Streets’ campaign, which started at the end of May and continued until the end of the summer.

23 'blocks' across eight distinct areas of Birkenhead where environmental issues have been a cause for concern were cleaned-up during the campaign.

As part of the campaign, 708 contaminated bins – which ordinarily would not be emptied as part of regular domestic waste collections – were dealt with, with information stickers then placed on them as a reminder of bin collection days and the fact that they can register for text messaging bin collection alerts. 434 bins which had been abandoned on the streets were removed over the course of the campaign.

Other headlines from the Neat Streets activity included:

Continental removed 94 areas of graffiti and flyposting. Fly posting and graffiti removed from phone boxes and cable boxes by BT, who

also scheduled in some identified repair works Letters sent by the council to homeowners about cutting back overhanging

trees and branches on their property 114 items of damaged street furniture reported for repair Residents written to, to address untidy gardens on their property Business waste advice given Reports have been logged for faulty entry gate repairs Nine new bins provided to residents 2.7 tonnes of weeds removed from entries 97 bin repairs carried out free of charge 8,851 residents engaged with over the course of the campaign

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REPORT OF Councillor Christine Spriggs

CABINET PORTFOLIO FOR Culture and Tourism

EXECUTIVE SUMMARY

This report is an update from the Cabinet Member for Culture and Tourism to Members of the Council on matters relevant to the portfolio.

It has been a year for unforgettable experiences in Wirral as we’ve celebrated being Borough of Culture for Liverpool City Region. Over 400,000 people took part in this year’s incredible events and cultural projects, which took us on a cultural journey from local stories and legends to the far reaches of the universe – all inspired by discovery, exploration and the great outdoors.

Wirral Borough of Culture 2019 triumphed at the Wirral Life Awards in November, picking up a Special Recognition award for this remarkable year. The Borough of Culture team, along with Chef Paul Askew, also received the Gold Event of the Year award for the inaugural Wirral Food & Drink Festival which transformed Birkenhead Park into a foodie destination over a sunny September weekend.

The final chapter of the Borough of Culture year has included a cluster of interstellar events featuring the work of world-renowned artists. Following the large-scale mural on the Dips in New Brighton by celebrated artist Saype, thousands flocked to West Kirby’s Marine Lake last month for Constellations – Joanie Lemercier’s breath-taking installation on the water.

Luke Jerram’s mesmerising Museum of the Moon attracted 21,000 visitors at Birkenhead Town Hall over three weeks, while tens of thousands turned out for the annual fireworks extravaganza River of Light in New Brighton, which proved a dazzling finale for 2019’s events.

This year’s events programme has brought new visitors to Wirral, created memories which will last a lifetime, and enabled culture and creativity to thrive. It’s been a celebration of what makes Wirral special, and contributed significantly to improve perceptions of the peninsula, with over 70% of attendees stating that they now feel better about the borough.

Wirral Borough of Culture 2019 wouldn’t have been a success without everyone’s support, and we have been overwhelmed by the positive response to events – 9 out of 10 visitors rating their experience at events as ‘good’ or ‘very good’.

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The Borough of Culture baton will now be handed over to Sefton, whose year will be a celebration of their place and people, with more memorable moments in store. Here in Wirral, the Borough of Culture programme will be a springboard into even more exciting events for next year and the years to come.

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REPORT OF Councillor Tom Usher

CABINET PORTFOLIO FOR Children, Families and Education

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder for Children, Families and Education to Members of the Council on matters relevant to the portfolio.

Care Leavers:

Care leavers in Wirral enjoyed a range of activities and events as part of a celebration for National Care Leavers' Week. (28 October – 1 November). The events are designed to bring young people together while offering them a listening ear if needed - and most of all the opportunity to have fun.

Every day counts:

The #EveryDayCounts campaign was launched in early November, with the aim of improving school attendance in Wirral.

In encouraging good attendance, the campaign seeks to ensure that young people are protected and can be nurtured well throughout their education.

Children who don’t attend school regularly, or who have regular absences, can become vulnerable or ‘at risk’. This campaign seeks to support young people who may be facing issues, looking at welfare in relation to attending school.

The campaign is based on facts and statistics to encourage attendance. Education and community partners are also encouraged to embrace the campaign by sharing messages and supporting parents where they can.

In addition to specialised campaign resources being rolled out across the borough, the campaign will accompany the introduction of the Wirral Attendance Service, a dedicated team of 13 attendance officers, working with local schools and partner agencies to support students.

The campaign also encourages families to speak out and access advice and support for any attendance issues, rather than struggle in isolation.

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Youth Matters:

A new Youth Matters campaign was launched in November at Wirral Council’s annual Youth Parliament session – which is organised by, and for, young people.

The new campaign to rebrand youth work in Wirral is highlighting the life-changing services which support young people and includes the strapline: ‘Building futures, Shaping lives’.

By working alongside young people to build their confidence, raise awareness, and promote resilience, the Youth Matters team helps to prepare them for adulthood. Staff build trusted relationships with young people to let them know they don’t have to face any problems alone.

Wirral’s Youth Matters team offers a wide range of support, including:

Drug and Alcohol advice Counselling service Youth Hubs and Clubs Play schemes Health Services in Schools: working in partnership with secondary school nurses

to nurture young people’s health and wellbeing Creative Youth Development: participatory arts including dance, drama, technical

theatre, music, visual arts, life skills projects and youth engagement Detached Youth Work teams: working with young people in their communities to

provide opportunities for personal development.

Independent School Appeal Panel:

There is a statutory requirement to appoint members to sit on the Independent School Admission Appeals Panel.

Brenda Thompson, a member of the public has been appointed to the pool of Panel Members for the Independent School Appeals Panel. When a child’s place is declined at a particular school, a parent has the right to appeal to an Independent School Appeals Panel.

Safer Wirral:

Community Action Day - Woodlands Park

Partners from Wirral Council, Merseyside Police, Biffa, Community Connectors, Community Payback, YMCA and Energy Projects Plus came together for a day of community action to support residents in the Woodlands area to improve environmental issues and discuss concerns around anti-social behaviour. Two tonnes of waste were removed from the local area as part of the action day. This was coordinated by the Birkenhead Constituency Team.

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As part of the day the Mayor unveiled a new piece of graffiti artwork in Woodlands Park that has been created by pupils at Woodlands Primary School, the colourful display stands out against the railings and welcomes visitors to the park.

After the unveiling, pupils from the school - with some help from Wirral Council’s Parks & Countryside team helped to plant 50kg of daffodil bulbs in the park.

Operation Banger

We have again supported ‘Operation Banger’ the annual partnership work with Merseyside Fire and Rescue, Merseyside Police, Housing Association partners and community pay back teams to reduce anti-social behaviour around Halloween and bonfire night.

Firefighters attended nearly 40% fewer deliberately set fires across Merseyside on Bonfire Night, Tuesday 5th November, than on the same date last year.

Birkenhead Constituency and Community Pay Back team over the Operation Banger period took part in clean-up activities that resulted in 47 tonnes of combustible materials being removed across Wirral and between 19th October – 8th November MFRS attended 30 incidents compared to 63 last year giving a reduction of 52.3%.

Modern Slavery

A new Strategy, Action plan, and Code of Conduct addressing modern slavery was approved in November.

As part of the new strategy, free training sessions were introduced to raise awareness of modern slavery in Wirral and help to ensure minimum working standards.

Training was delivered to 50 staff in the Safer Wirral Hub in October; including Safeguarding, Education, Health, Police, Youth Offending Services, Probation, and the Fire Service.

A new Supplier Code of Conduct addresses the Modern Slavery Act 2015 and ensures that Wirral Council’s own supply chains are setting ethical employment standards. Wirral is also signed up to the Cooperative Party Charter Against Modern Slavery.

Restorative Justice

During Restorative Justice Week, (18 November) victims of crime who want answers from perpetrators were encouraged to contact Victim Support Merseyside for free, confidential support.

The Restorative Justice Scheme gives victims the opportunity to challenge offenders and get the answers they need to recover from a crime. It empowers victims by giving them a voice, offering them the chance to meet their offender and explain the impact the crime has had on them.

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https://party.coop/local/councillors/modern-slavery-charter/

The scheme receives referrals from the Police, housing providers and Wirral Council’s Anti-Social Behaviour team. Anyone interested in finding out more can contact Victim Support by calling 0151 353 4003 or emailing the team on [email protected]

Domestic Abuse:

Domestic Abuse Business Quality Mark training.

In October the Council honoured 13 businesses and community groups for receiving the borough’s Domestic Abuse Business Quality Mark training.

Businesses received Wirral’s Business Quality Mark for Zero Tolerance to Domestic Abuse, which was first launched in October 2018 at Wirral’s Domestic Abuse conference. Community groups received their titles as Community Champions for Domestic Abuse, which is an extension of the borough’s quality mark scheme.

The training has so far benefitted 18 businesses, care organisations, service providers and community groups across the borough. A further five are currently engaged in the accreditation process.

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mailto:[email protected]



REPORT OF Councillor Stuart Whittingham

CABINET PORTFOLIO FOR Housing and Planning

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder for Housing and Planning to Members of the Council on matters relevant to the portfolio.

House building:

In the second quarter of this financial year, 76 affordable homes were completed, bringing the cumulative total this year so far to 515, which includes 267 Help to Buy units. Construction of 439 homes - which consist of affordable rent, shared ownership and rent to buy units - commenced during the first two quarters of 2018/19.

Housing standards:

The Warmer Wirral network generated 527 referrals to the Local Energy Advice Programme, resulting in 407 home visits that provided energy efficiency and fuel poverty related advice, leading to more than £100,000 worth of energy bill savings so far.

In October, consultation concluded on a plan to re-designate a scheme in the four Selective Licensing areas which were introduced in 2015, as well as extending into to two further areas. Consultation results are being collated and will be reported to Cabinet for a final decision.

New enforcement powers – Civil Penalties and Rent Repayment Orders – are now in place following Cabinet approval of the Housing Enforcement Policy Statement and policies and we had the first successful Rent Repayment Order recently will result in an income of £988.

Tackling empty properties:

At a time when Wirral is looking to increase the availability of good quality housing, having perfectly good properties around the borough sat empty and unoccupied is not a good look.

Bringing these empty properties back into use for the benefit of those who need accommodation is therefore a big priority and we have been empowering the Housing Renewal Team to take action to address the issue.

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In the second quarter of 2019 the number of ‘completions’ on empty homes is at 1,315 against a quarterly target of 1,250. This means a significant increase in the supply of much needed housing, a reduction in the level of homelessness in the borough and a contributory factor in regenerating neighbourhoods.

Home adaptations:

The number of home adaptations that were carried out in Wirral in the second quarter of this year is 1,403 against a target of 1,276.

Home adaptations can range from minor pieces of work such as installing grab rails or shower seating, to more major works like installing stairlifts and ramps and widening doorways.

Homelessness:

336 homeless preventions were achieved for the second quarter of 2019. There were no targets set in this regard due to the introduction of the Homelessness Reduction Act 2018, which introduced new processes and procedures and requires the length of time to work with clients to be increased to 56 days - double previous requirements.

In the last update, I mentioned how the Liverpool City Region Housing First Test and Learn pilot got underway in July 2019. To date, 21 referrals have been made to the service from the Wirral area and the initial results are very positive as these clients are homeless and have complex needs.

Refugees and asylum seekers:

An action plan for Refugees and Asylum Seekers has been developed which responds to Liverpool City Region Action Plan, Controlling Migration Fund priorities and local priorities in Wirral for refugees and asylum seekers. One pilot scheme was commissioned early on to focus on education support for both schools and refugee and asylum seeker children to ensure education opportunities are maximised.

A small grant programme targeting key themes within the action plan was opened on 23rd September 2019 and organisations were asked to bid for up to two years funding to respond to the appropriate themes identified. All applications have now been assessed by a Panel with and six voluntary and community sector organisations have been allocated funds totalling more than £90k.

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REPORT OF Councillor Janette Williamson

CABINET PORTFOLIO FOR Finance and Resources

EXECUTIVE SUMMARY

This report is an update from the Cabinet Portfolio Holder for Finance and Resources to Members of the Council on matters relevant to the portfolio.

Council Budget:

The council must ensure that a balanced financial position for the current financial year, which ends 31st March 2020, is delivered, yet reserves are at their lowest level this decade and we need to improve on our recent financial forecast by approximately £7m. Along with improvement plans in-year, we’re simultaneously progressing ideas for closing a budget gap for next year of £12m.

A range of savings options are being considered, which includes reviewing all budgets and contracts we have in place in order to determine how we can do things differently, in order to be more efficient and more effective.

Empty Homes Premium:

There are 647 properties that have been empty for more than two years in Wirral, and 250 that have been empty for more than five years.

A new policy has been brought into play that will see owners of properties which lie empty for more than five years, liable to pay a 200% surcharge on their council tax.

The new policy is an extension of the existing additional council tax which must be paid by property owners who allow potential homes to be left unused for more than two years. This is about making sure that properties which could provide homes for people are brought into use and provide more homes for our residents.

Council Tax Reduction Scheme:

Earlier this month Cabinet agreed a new Council Tax Reduction Scheme reducing the minimum amount payable by non-protected groups from the current 22% minimum to a 12% minimum.

The investment of more than £800,000 ensures more than 9,000 low income households get a better deal on their Council Tax.

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Fraud Awareness:

Fraud is a criminal activity where a person, business or organisation is deceived in order to cause a loss or for someone else’s personal gain.

It costs local government more than £7 billion per year – money that could instead be used to improve the local community.

Wirral Council’s Fraud Awareness campaign ran in November and was aimed at raising public awareness, change people’s attitude towards fraud and encouraging residents and businesses to help spot and stop fraudulent activity.

Wirral Council takes a zero-tolerance approach to fraud and to the minority who commit fraud.

Types of fraud can include:

false claims for Council Tax support misuse of direct payments misuse of grant payments false invoices for goods, works or services false accident claims misuse of blue badges

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REPORT TITLE OVERVIEW AND SCRUTINY COMMITTEE CHAIRS’ REPORTS

REPORT OF THE OVERVIEW AND SCRUTINY COMMITTEE CHAIRS

REPORT SUMMARY

This report provides Members of the Council with an update on the work carried out by each of the Council’s Overview and Scrutiny Committees. The report includes contributions from each of the Committee Chairs covering the period since the previous report presented to Council on 14 October 2019.

RECOMMENDATION/S

Members are requested to note the contents of this report and consider any questions they may have for the Chairs of the Overview and Scrutiny Committees.

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SUPPORTING INFORMATION

1.0 REASON/S FOR RECOMMENDATION/S

1.1 To update Council Members on the work of the Overview and Scrutiny Committees and to provide an opportunity for Council Members to ask questions on the activities undertaken.

2.0 OTHER OPTIONS CONSIDERED

2.1 Not Applicable

3.0 BACKGROUND INFORMATION

ADULT CARE AND HEALTH OVERVIEW AND SCRUTINY CHAIR’S REPORT

3.1 Over recent months, the Adult Care and Health Overview & Scrutiny Committee has continued to contribute to, and deliver, a dynamic work programme to ensure that the Council’s statutory health scrutiny function is carried out. In addition, the Committee is continually committed to holding our health partners to account for the delivery of key services and exceptional patient care.

3.2 Since the Committee last reported to Council, there have been a number of scrutiny workshops held in order to look in detail at significant areas of health and care, and to ensure that Members are provided with timely and relevant information to carry out effective scrutiny. In October 2019, Committee invited all non-executive Members to examine Wirral Health and Care Commissioning’s Pooled Fund arrangements for 2020/21, to ensure Member engagement with future financial governance within integrated care. In addition, the workshop provided an opportunity for Members to hear from a number of service users who experience integrated services first-hand. A scrutiny report and recommendations are due to be presented to Committee in January 2020.

3.3 Members have also stated on a number of occasions that current data provided for health and care does not go far enough in supplying a detailed overview of frontline service activity and, following a number of meetings recently that have involved stakeholders, it appears that the perceptions of those delivering health and social care services differ from those receiving them. A workshop was held in October 2019 to review performance reports and propose amendments, with detailed indicators around social care and public health a focus for future reporting processes.

3.4 The last meeting of the Committee in November welcomed Clatterbridge Cancer Centre NHS Foundation Trust to present a progress report on its new site in Liverpool, and to answer Member questions regarding the existing site in Wirral. Assurances were given that an enhanced service would be provided for in-patients at Clatterbridge, with Members requesting a report in 2020 to provide further detail. In addition, Members were presented with comprehensive reports on the Better Care Fund & Winter Pressure Arrangements, and steps being taken to improve Domestic Abuse services on Wirral.

3.5 The Health and Care Performance Working Group now has a robust work programme, having been re-established at the start of the municipal year to take an

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in depth look at the performance of health care systems across Wirral. At its last meeting in October, the working group looked at All Age Disability and Mental Health service data and received an update on the integration of the assessment, support planning and case management processes for children and adults with the most complex disabilities and adults with mental health needs. The working group also continues to closely monitor quality and compliance within residential care home settings, so that the safety and wellbeing of some of Wirral’s most vulnerable residents is kept at the forefront of the working group priorities.

3.6 As with previous years, Members of the Committee will be invited to review the budget proposals for 2020/21 within the Adult Care and Health remit. A special meeting has been convened for January 2020 in order to ensure adequate time for savings plans to be presented, questions to be answered fully and for recommendations to be captured. Future areas of scrutiny within the Committee work programme include reviewing the Adults Safeguarding Report 2018/19 and the Annual Social Care Complaints Reports for 2018/19, as well as continued monitoring and evaluation of the sub-acute ward at Clatterbridge Hospital.

Councillor Moira McLaughlin

BUSINESS OVERVIEW AND SCRUTINY CHAIR’S REPORT

3.7 As part of the committee’s work programme for the year, to continue the good practice in place all opportunities for undertaking pre-decision scrutiny of Council strategies and policies will be explored. Following on from workshops held in September, Members attended an informal drop-in session during October with the developer MUSE. This is the continuation of engagement with developers which has been a key part of scrutiny workplans. The success of key regeneration is vital for Wirral and having effective scrutiny in place is an important part in ensuring this happens. In addition to this, Members were also invited to a workshop regarding proposals around the Tranmere Rovers Partnering Agreement.

3.8 The Task & Finish group met with senior officers in October to evaluate the initial effectiveness of the Experimental Traffic Regulation Order (ETRO) introduced to prohibit overnight parking of recreational vehicles in the Kings Parade/Coastal Drive area of Wallasey. This order has proven to be a successful response to problematic campervan parking, and a similar order will now be introduced to Pilots Way and parts of Portland Street in New Brighton. The Review Panel will also be looking to engage with residents and stakeholders to address wider issues and solutions regarding campervan parking in the Borough.

3.9 A report on the New Ferry disaster was presented to Committee in September 2019 where Members agreed to a Task & Finish scrutiny review which aims to ensure that all necessary steps have been taken to address those residents, traders and other people affected by the incident. The review is ongoing with the panel members meeting with residents, traders and stakeholders as part of their information finding.

3.10 The Business Overview & Scrutiny Committee is receiving regular updates on the latest developments of the Liverpool City Region Combined Authority which are vital for Members because of the impact this has on Wirral. Any areas of significance at a local level can be addressed by Members as part of the ongoing work programme.

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Updates are also provided on the Liverpool City Region Combined Authority Overview & Scrutiny Committee.

3.11 In November, reports were also brought to Committee to update Members on street lighting and pothole repairs within Wirral. A further report was also requested on Universal Credit, as it had been a year since it went to full roll-out in the Borough. In addition to this, a report was presented on upcoming key regeneration projects, which Members will have the opportunity to scrutinise further in the next year. Councillor Dave Mitchell

CHILDREN AND FAMILIES OVERVIEW AND SCRUTINY CHAIR’S REPORT

3.12 The Children & Families Overview & Scrutiny Committee has met once since the last Chairs’ Report. At Committee in November, Members received an update from the Director of Children’s Services on the Ofsted Improvement Plan. Five key areas were noted; Assessment and Planning, Transitions of Assessment Procedures and Pathways, Emotional Health and Wellbeing, Education and Life Story Work. Members of the Committee endorsed the plan and are looking forward to working with Children’s Services as this plan is implemented.

3.13 Also included in the agenda was a ‘Summary of the Self Evaluation of Special Educational Needs and Disabilities’. This item was a presented summary of the self-evaluation undertaken by partners working with young people and their families. Members questioned the notable areas including the timeliness of EHCPs, budget cuts and the destination of SEND pupils leaving education.

3.14 The Assistant Director for Early Help and Prevention brought two reports to Committee in November. The first report was on Domestic Abuse, with the report providing an overview of provision available to support children adults and families affected by Domestic Abuse. This agenda item was supported by a ‘walk through’ session in early November which gave Members the opportunity to look at the provision in more detail and speak to front-line staff. Members noted the report and requested that the service be reported on in regular intervals. Also presented was an update on the Review of the Youth Offer. The report ‘care more about us’ was a review of the findings from the consultation undertaken with Young People, together with emerging data about the usage of you th provisions across the Borough. Members were also shown a video made by young people, which was well received.

3.15 A review of Healthy Weight is being undertaken by members of Children and Families Overview and Scrutiny Committee and the first stakeholder session ‘Affordable, Accessible and Active Travel’ was held in November. Two other sessions are planned around ‘The Role of the Food System’ and ‘Built and Green Environments’. In addition to this, Committee invited all members of the council to join them at a workshop regarding the ongoing SEND consultation.

Councillor Wendy Clements

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ENVIRONMENT OVERVIEW AND SCRUTINY CHAIR’S REPORT

3.16 The Environment Overview & Scrutiny Committee has continued to focus on delivering a comprehensive work programme over recent months, prioritising areas that highlight Wirral’s commitment to climate change action and deliver an attractive and sustainable local environment for all residents.

3.17 At the September meeting of the Committee, a Task & Finish group was established in order to review the strategic guidance within the Council’s draft Tree Policy and to ensure that a robust tree risk management plan is put in place. Since then, the Panel have met to agree a clear yet challenging scope for the review and have taken part in an evidence day to gain a deeper understanding of some of the issues faced in the safe and effective management of trees in the Borough – including a Member visit to Arrowe Country Park to meet with officers from the Parks and Countryside team. The review panel plan to convene again for a further focus group, this time with the inclusion of planning officers, to discuss the links between the Tree Policy and the Local Plan.

3.18 The Committee met in November and were presented with a number of detailed reports for consideration; including a review of the Council’s Enforcement Policy and an update on current issues affecting the Marine Lake in West Kirby. Committee also discussed the Council’s Notice of Motion from July 2019 on verges and pollinators, and Members were encouraged to see proposals in place for the future planting of wildflowers and bulbs to create a visual highway displays along grass verges and central reservations.

3.19 Budget proposals for 2020/21 within the remit of the Environment O&S Committee will be scrutinised in January 2020, with an opportunity for Members to ensure that their views on savings plans and efficiencies are taken into account. The Committee work programme remains flexible but anticipated future reports for scrutiny include a review of the ‘Property Pool Plus’ Housing Allocations Policy and continued monitoring of the Wirral Flood and Water Management Partnership.

Councillor Tom Anderson

4.0 FINANCIAL IMPLICATIONS

4.1 There are none arising from this report.

5.0 LEGAL IMPLICATIONS


6.0 RESOURCE IMPLICATIONS: ICT, STAFFING AND ASSETS


7.0 RELEVANT RISKS


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8.0 ENGAGEMENT/CONSULTATION

8.1 Not Applicable.

9.0 EQUALITY IMPLICATIONS

9.1 This report is for information to Members and there are no direct equality implications.

10.0 ENVIRONMENT AND CLIMATE IMPLICATIONS


REPORT AUTHOR: Report compiled by: Alexandra Davidson – Scrutiny Officer 0151 691 8381 [email protected]

APPENDICES

BACKGROUND PAPERS

SUBJECT HISTORY (last 3 years)Council Meeting DateOverview and Scrutiny Committee Chair’s Report to CouncilOverview and Scrutiny Committee Chair’s Report to CouncilOverview and Scrutiny Committee Chair’s Report to CouncilOverview and Scrutiny Committee Chair’s Report to CouncilOverview and Scrutiny Committee Chair’s Report to CouncilOverview and Scrutiny Committee Chair’s Report to CouncilOverview and Scrutiny Committee Chair’s Report to CouncilOverview and Scrutiny Committee Chair’s Report to CouncilOverview and Scrutiny Committee Chair’s Report to Council

14 October 2019

18 March 2019

10 December 2018

15 October 2018

19 March 2018

11 December 2017

16 October 2017

20 March 2017

19 December 2016

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MINUTE EXTRACTEMPLOYMENT AND APPOINTMENTS COMMITTEE23 OCTOBER, 2019

9 CHIEF EXECUTIVE APPOINTMENT

The Director of Change and Organisational Design, Mrs Nikki Boardman, introduced a report which responded to requests from previous meetings of this committee, held in March and June 2019 (minutes 29 (5/3/19) and 3 (12/6/19) refers) and set out options for the Committee to consider in relation to the recruitment of a permanent Chief Executive. The report also detailed a number of other issues in relation to the post including the requirement for the role itself, the level of renumeration and arrangements for a quarterly appraisal with other political group leaders invited to participate.

The Council had a number of immediate key priorities to address in relation to the ongoing financial challenges, development of the Local Plan and the ‘once in a lifetime’ plans to regenerate the Borough and grow the economy to improve the lives of Wirral residents. The Council required strong leadership to ensure it was able to meet these challenges and take these opportunities it had to move forward as quickly as possible.

Members expressed support for the role of Chief Executive (Head of Paid Service) to be retained as a dedicated post.

All Members expressed their support for the current Interim Chief Executive, Paul Satoor, to be appointed permanently to the post without the need for an expensive recruitment process, in light of his work in the role over the past four months since his appointment to the interim position. Members had found him to be effective, supportive and approachable in the role with a clear vision for the future of the organisation.

The Director of Governance and Assurance clarified the position in respect of the fees attached to the role of Returning Officer.

In response to a Member’s comment, the Committee were assured that this appointment would not set a precedent for future Chief Officer appointments.

The suggestion was also made and agreed that, in view of the less formal nature of this appointment process, Paul Satoor should be invited to address this Committee at a future date outlining his vision for the organisation.

On a motion by the Chair seconded by Councillor Lesley Rennie, it was –

Resolved (unanimously) –

(1) That the role of Chief Executive (and Head of Paid Service) be retained as a dedicated post.

(2) That the remuneration for the post of Chief Executive (and Head of Paid Service):

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Agenda Item 9a

(i) be set as a ‘spot’ salary of £163,216 (and any future pay rises remain subject to the outcome of national pay bargaining arrangements);

(ii) as a consequence of which the current salary range for the Chief Executive post of £158k-£178k with automatic incremental progression through the range be discontinued; and

(iii) future remuneration for the post of Chief Executive (and Head of Paid Service) is not set as a capped or applied ratio between Chief Executive pay and pay of the lowest paid employees.

(3) That this Committee recommends to Council that the Interim Chief Executive Mr Paul Satoor, be appointed to the post of Chief Executive (Head of Paid Service), Returning Officer and Electoral Registration Officer, with immediate effect.

(4) That Committee notes the arrangements that have been put in place for the Chief Executive’s appraisal.

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MINUTE EXTRACTCABINET4 NOVEMBER, 2019

51 COUNCIL TAX (EMPTY HOMES PREMIUM)

Councillor Pat Hackett introduced a report which outlined the current arrangements for the charging of Council Tax on Empty Homes in Wirral together with new powers to increase this charge under the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018.

The report sought approval to allow a 200% premium to be levied, on homes that had been empty for five years or more, from the 1 April 2020. This would make the Council Tax payable on such properties 300%.

The matter affected all Wards within the Borough.

Appended to the report at Appendix 1 was Exemptions to the Empty Homes Premium.

Councillor Hackett informed that this was an initiative put forward by Councillor Janette Williamson and the driver behind the proposal was not increased revenue through council tax, it was about bringing pressure to bear on owners of empty properties to bring them back into use and provide homes for people who needed them. The Council’s figures indicated that there were hundreds of properties which could be in use but were being left vacant. Wirral was currently under pressure to build at least 800 new homes a year and the owners of these empty properties should be playing their part by bringing their property back into use for rent. Ideally, no one would be paying this extra council tax and of course people could avoid it by letting their properties and providing homes for people in Wirral.

Councillor Hackett reported that there were Wirral residents desperate for homes and there was a scandalous situation where hundreds of homes were vacant and that could not be right. Vulnerable people were looking for homes and this initiative was an attempt to alleviate the situation.

Councillor Stuart Whittingham informed that homelessness took many forms and unfortunately people who slept rough were just the tip of the iceberg. There were people sofa surfing, staying with relatives and adults still living with their parents because they could not find a home of their own. It was an absolute scandal that, whilst that was going on, there were homes standing empty. Councillor Whittingham knew that property owners might see the charges as being punitive but he encouraged them to speak to the Council who would encourage and help them to get these homes occupied again and so avoid this charge. The Council had a very active team that dealt with empty properties.

Councillor Chris Jones reported that landlords and owners needed to take responsibility. People would never have pride in their streets when they were living beside empty and dilapidated houses, if this was allowed to carry on.

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Agenda Item 9b

RESOLVED:

That the Cabinet recommends to the Council that the full premium of 200% be applied to homes that have been empty for five years or more as allowed by the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 from 1 April 2020.

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52 COUNCIL TAX - REDUCTION SCHEME

Councillor Pat Hackett introduced a report which outlined proposed changes to the Council Tax Reduction Scheme operated by Wirral Council. The proposal had previously been considered by Members and approved in principle.

The report sought approval to allow a reduction in the minimum amount payable by non-protected groups from the current 22% minimum to a 12% minimum.

The report also sought the Cabinet’s approval to simplify the claim process to enable notifications received from the Department of Work and Pensions for applicants applying for Universal Credit to be treated as a claim for Council Tax Reduction.

This matter affected all Wards within the Borough and was a key decision.

Councillor Hackett informed that this was an initiative put forward by Councillor Janette Williamson and reported that in 2013, the Conservative-led Coalition Government had abolished Council Tax Benefit for hundreds of thousands of low-income households across the county. It had replaced this support with the Local Council Tax Support Scheme, cutting the funding by 10% at the same time.

The Government’s decision had disadvantaged thousands of vulnerable, low-income Wirral families. Since its implementation, the Council had tried its best, of course, to retain protection for these households, giving them the support that has been sadly lacking in national policy.

Councillor Hackett was delighted that the Council had now developed a proposal to help us go further. The report provided a proposal for a new scheme of Council Tax reduction, an investment of more that £800,000 which would see more than 9,000 low income households get a better deal on their Council Tax.

The proposals in this policy increased the level of support currently provided to thousands of the most financially vulnerable in Wirral by reducing their Council Tax liability and simplified the system for many residents including those on Universal Credit, zero hours contracts and irregular incomes.

Councillor Stuart Whittingham informed that this was another measure that he warmly welcomed and it was nice that the Council could play a part in alleviating some of the issues brought about by the Government’s approach to welfare policy. He found it particularly appalling to see the increased use of food banks across the country. Councillor Whittingham also referred to a damning report from the United Nations about the Government’s approach to poverty and the policies that had actually been promoted that had actually increased poverty, in-work poverty and child poverty. He considered this to be a disgrace and was, therefore, happy to support the report and any measures the Council could put in place to alleviate the situation.

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Agenda Item 9c

Councillor Anita Leech referred to the cuts to the Council’s budget and its continuing budget pressures and informed that when Councillor Janette Williamson had discussed this initiative with the Cabinet it had agreed that it could benefit 9000 households who were extremely vulnerable. She was pleased to support the report.

RESOLVED: That:

(1) the Cabinet recommends to the Council an amendment to the Council Tax Reduction Scheme for Wirral to reduce the minimum amount payable for non-protected groups from the current 22% to 12%; and

(2) the Cabinet recommends to the Council an amendment to the Council Tax Reduction Scheme for Wirral to allow notifications in relation to Universal Credit to be treated as a claim for Council Tax Reduction.

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60 COUNCIL TAX 2020/21 (TAX BASE, DISCOUNTS AND EXEMPTIONS AND LOCAL COUNCIL TAX REDUCTION SCHEME)

The Cabinet Member for Finance and Resources introduced a report which brought together issues regarding the proposed Council Tax Base for 2020/21 upon which the annual billing and Council Tax levels would be set; the proposed Council Tax Discounts including Local Discounts, exemptions for 2020/21 and the Local Council Tax Reduction Scheme to be used during 2020/21. These needed to be approved by Council by 31 January, 2019.

Members of the Cabinet expressed their support for the proposals which were an example of the Council using its powers progressively to alleviate hardship and protect the most vulnerable.

On a motion by Councillor Janette Williamson, seconded by Councillor Christine Spriggs, it was -

Resolved - That Cabinet recommends to Council:

(1) The figure of 93,965.9 be approved as the Council Tax Base for 2020/21 subject to the items below being approved;

(2) The level and award of each local discount for 2020/21 be:

Wirral Women’s & Children’s AidTo continue to award Wirral Women’s & Children’s Aid 100% discount.

Care Leaver’s DiscountTo award Care Leavers the requisite discount to reduce their Council Tax liability to zero until they are 25, from the 1 April 2020. This remained unchanged from 2019/20.

Empty Property DiscountsDiscount category D = 0%. Full charge on properties undergoing renovations.Discount category C = 0%. Full charge on empty properties from date they become unoccupied.

Both remain unchanged.

Empty Property Premium = 100% (200% Council Tax) for unfurnished properties empty for more than two years. 200% (300% Council Tax) for unfurnished properties empty more than five years. This is allowed by the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018. This had previously been reported to Cabinet on 4 November, 2019.

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Agenda Item 9d

Council Tax Discretionary Hardship Relief Scheme

The Council Tax Discretionary Hardship Relief Scheme, approved by Cabinet in October 2013, continues in its current format for 2020/2021. The Scheme offers help and assistance in exceptional cases of hardship.

(3) Local Council Tax Reduction Scheme (LCTRS)

The Local Council Tax Reduction Scheme, previously reported to Cabinet on 4 November, 2019, be the approved Scheme for 2020/2021.

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CABINET25 NOVEMBER 2019

QUARTER 2 2019/20 CAPITAL FINANCIAL MONITORING

Councillor Janette Williamson, Cabinet Member for Finance and Resources, said:

“We are making major investments in Wirral this year – improving infrastructure, supporting business growth and improving the public realm and local environment which residents are rightly proud of.

This report demonstrates this investment, it provides a helpful overview of our progress, and makes it clear that we are using the resources available to us to their best effect to help improve services, environment and opportunities for local people”.

REPORT SUMMARY

The report provides an update on the progress of the Capital Programme 2019/20 at the end of September 2019. It recommends that Cabinet agree the 2019/20 Capital Programme of £52.889 million which takes account of re-profiling, additional funding requirements and grant variations identified since June.

This matter is a key decision which affects all Wards within the Borough.

RECOMMENDATION/S

Capital

1 That Cabinet recommend to Council the approval of additional funding for the schemes referred to in paragraph 3.3.

2 That Cabinet recommend to Council the approval of the revised Capital Programme of £55.889 million for 2019-20.

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Agenda Item 9e

SUPPORTING INFORMATION

1.0 REASON/S FOR RECOMMENDATION/S

1.1 Regular monitoring and reporting of the Capital Programme enable decisions to be taken faster which may produce revenue benefits and will improve financial control in Wirral Council.

2.0 OTHER OPTIONS CONSIDERED

2.1 No other options have been considered.

3.0 BACKGROUND INFORMATION

3.1 Capital Programme 2019/20 Position by Directorate

Table 1: Wirral Council 2019/20 Full Year Capital Budget and Forecast Position Full Year

Budget Forecast£m £m £m %

Adult Care & Health 6.747 2.114 4.633 69%Children 6.255 7.837 (1.582) -25%Business Management 12.915 10.895 2.020 16%Economic Housing Growth 27.712 6.076 21.636 78%Delivery 36.454 25.967 10.487 29%

Organisational Total 90.083 52.889 37.194 41%

Variance

NB: the full detail of scheme performance is in Appendix 1

3.1.1 Table 1 provides an update on the 2019/20 capital Programme. A number of significant variations have arisen since the programme was agreed in March 2019. These include the inclusion of additional grant funded schemes, variations to spend forecasts and the re-profiling of expenditure into and out of the 2019/20 financial year. Further detail is provided below.

3.1.2 Adult Care and Health Alcohol Treatment (£0.406m increase): Part of an overall grant of £6 million allocated to

23 authorities. The aim is to assist local authorities to prioritise alcohol treatment, invest in equipment and facilities and ensure that treatment expertise is enhanced to better meet the needs of people with alcohol problems.

Learning Disability Extra Care Housing (£3.0m decrease): Demand is less than expected due to the private sector finding alternative funding sources to back their developments such as through the supported living regime.

Extra Care Housing (£2.11m decrease): Two Extra Care developments which have been awarded Council grant are on currently on site. Barncroft is scheduled for completion in January 2020 and will provide 21 units of Extra Care and the Woodpecker Close site is scheduled for completion in September 2020, providing 78 units. No other developments are planned for this year.

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3.1.3 Children Basic Needs (£1.133m increase): An additional grant allocation was notified in May.

3.1.4 Business Management Tower Road National Productivity Investment Fund (£0.51m decrease): Design and

procurement of the scheme have taken longer than originally anticipated. Contractor has yet to be appointed.

Key Route Network: Funding brought forward from 2018/19 (£0.3m increase). Additional costs will be incurred in respect of cabling on the A41. Transfer from the savings on the street lighting budget (£0.6m increase).

TAG Feasibility Studies: Additional grant funding was approved by the Combined Authority on 26th July 2019. The A41 North Corridor scheme (£0.65m increase) and the Wirral Waters scheme (£0.53m increase).

Sustainable Transport: Funding brought forward from 2018/19 (£0.47m increase) Windows 10: the programme to provide all staff with the latest Operating System (Windows

10) and additional software to enable agile working is continuing. Three additional areas of work have been identified: Computer Aided Design and Geographical Information Systems; schools installations; the additional demand for docked type monitors. The net additional requirement for this year (£0.35m) can be funded from savings anticipated in the Digital Corporate Storage scheme.

Digital Corporate Storage: A reassessment of the budget requirement indicates that costs will be less than anticipated with some of these savings utilised to fund the additional schemes referred to above in the Windows 10 project (decrease £0.46m)

Enterprise Resource Planning: soft market testing has been undertaken and suppliers have profiled their cloud based offer. We are now approaching the procurement phase but the significant costs will only start to be incurred in the following financial year (decrease £4.1m).

3.1.5 Economic and Housing Growth Investment in properties: Costs with respect to the acquisition of specific properties relating

to regeneration have been included in the current year projections with other schemes anticipated to commence in 2020-21 (decrease £8.60)

Wirral Waters Investment Fund: the Marine Energy Automotive Park project does not yet have planning permission and therefore, it is anticipated that it will commence in the last quarter of this financial year at the earliest. Anticipated spend £0.375m (decrease £5.62m).

Housing Infrastructure Fund Marginal Viability: part of Homes England grant of £6m for infrastructure, land remediation, public realm works and utilities provision at Northbank, Wirral Waters. Estimated grant drawdown this year is £1m with the balance reprofiled into 2020/21 (decrease £2.0m).

Community Bank: A due diligence exercise will review the case to establish a North West Regional Community Bank covering Cumbria, Lancashire and Merseyside. Depending on the outcome the majority of the Council's contribution will not be required this financial year (decrease £4.25m).

New Ferry Regeneration Strategic Acquisitions: 25 properties have been identified for acquisition with 4 completed to date. Not all those identified will be completed this year (decrease £0.7m).

3.1.6 Delivery Transport for Growth: Adjustment to Integrated Transport grant allocation £1.1m and

balance of funding brought forward from 2018/19 (increase £2.10m). Aids, adaptations and DFGs: Substantial additional grant funding was included in the

original budget. In May the Council received a further £4.3m. A realistic level of grant Page 81

allocation is estimated to be £2.5m based on applications and resources available. The balance of funding has been re-profiled into 2020/21 (decrease £3.33m).

West Kirby flood defence: The expected tender period is December and January with appointment in February. Start on site will not be until the end of the financial year so apart from the ongoing consulting costs and some preliminary site work there will not be any significant capital outlay (decrease £2.37m).

LED street lighting/column replacement: Contract awarded in September, works commencing October. Majority of expenditure will be incurred December onwards (decrease £5.47m).

Leasowe Leisure Centre/Evolutions: Various design options are still being considered in order to provide the most economical and effective solution. The scheme itself is unlikely to start until the new financial year (decrease £1.0m)

3.2 Capital Funding Requirements

Table 2: Financing the Capital Programme 2019/20Capital

StrategyRevised

ProgrammeCapital Programme Financing £m £m

Borrowing 53.443 30.477Grants / Loans 30.640 22.037Capital Receipts 0.000 0.000Business Rates (Wirral Waters, ringfenced) 6.000 0.375

Total 90.083 52.889

3.2.1 Any re-profiling that reduces borrowing will produce one-off revenue savings. A permanent saving only occurs if schemes cease, otherwise the full budget will be required in 2020-21 when the re-profiled expenditure is incurred.

3.2.2 The Public Works Loans Board (PWLB) has announced a 1% increase in the rate of borrowing. The current capital programme includes a funding requirement of £30 million from borrowing, the full year impact of this will therefore increase financing costs by £300,000 per annum. There will be an increased cost of financing for future capital schemes financed by PWLB borrowing. These costs impact upon the revenue budget but will mainly be incurred from 2020/21.

3.3 Recommendations for Approval to Full Council

3.3.1 Capitalisation in order to achieve revenue savings (£0.317m) A full organisational review is in place to identify items which are capital items, but have

been funded in the revenue accounts, so that these can be capitalised, which is within the capital guidance. The associated annual borrowing costs can be accommodated with the existing revenue Treasury Management budget.

3.3.2 Birkenhead Town Hall kitchen health and safety works (£0.090m) The electrical supply in the kitchen needs to be renewed completely and a new extractor

fan installed. The flooring needs to be renewed and up to date kitchen equipment installed.

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3.3.3 Studio Refurbishment Les Mills classes (£0.216m) This represents a new capital invest to save bid. Group fitness is part of the Invigor8

membership and available to casual (pay-and-play) customers. A quality group fitness offer would not only act as a sales tool, but also as a key retention tool to reduce the attrition rate of current Invigor8 members. Loss making classes will be removed and some replaced with industry leading classes to transform our offer into an income generating programme and provide the right classes for our residents. The intention is to introduce the Les Mills virtual classes brand and to reduce the diversity of fitness classes provided with those remaining categorised into more consumer-friendly groups. At the same time upgrade the cycling and main studios at four leisure centres to incorporate virtual sessions and introduce Les Mills “The Trip” to the Tennis Centre.

4.0 FINANCIAL IMPLICATIONS

4.1 This is the Quarter 2 budget monitoring report that provides information on the forecast outturn and progress against the capital Programme. The Council has robust methods for reporting and forecasting budgets in place and alongside formal Quarterly reporting to Cabinet, the financial position is reported monthly at each Directorate Management Team and corporately at the Strategic Leadership Team (SLT). In the event of any early warning highlighting pressures and potential overspends, the SLT take collective responsibility to identify solutions to resolve these to ensure a balanced budget can be reported at the end of the year.

5.0 LEGAL IMPLICATIONS

5.1 The entire report concerns the duty of the Council to avoid a budget shortfall. The Chief Finance Officer has a personal duty under the Local Government Finance Act 1988 Section 114A to make a report to the executive if it appears to them that the expenditure of the authority incurred (including expenditure it proposes to incur) in a financial year is likely to exceed the resources available to it to meet that expenditure.

6.0 RESOURCE IMPLICATIONS: STAFFING, ICT AND ASSETS

6.1 There are no implications arising directly from this report.

7.0 RELEVANT RISKS

7.1 The possible failure to deliver the Revenue Budget is being mitigated by:(i) Senior Leadership / Directorate Teams regularly reviewing the financial position.(ii) Availability of General Fund Balances.(iii) Acceleration of 2020/21

7.2 The possibility of failure to deliver the Capital Programme will be mitigated by the monthly review by a senior group of officers, charged with improving performance.

8.0 ENGAGEMENT/CONSULTATION

8.1 No consultation has been carried out in relation to this report.

9.0 EQUALITY IMPLICATIONS

9.1 No because this report is essentially a monitoring report on financial performance.Page 83

10.0 ENVIRONMENT AND CLIMATE IMPLICATIONS

10.1 This report has no impact on emissions of CO2

REPORT AUTHOR: Vikki GregorichSenior Finance Managertelephone: (0151) 666 3104email: [email protected]

APPENDICES

Appendix 1 - 2019/20 Significant variations to the 2019/20 Capital programme

BACKGROUND PAPERS

SUBJECT HISTORY (last 3 years)Council Meeting DateBudget Council Council Meeting

4th March 20192nd September 2019

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Appendix 1 – 2019/20 Significant variations to the 2019/20 Capital programme

Original Budget 2019/20

Forecast Outturn 2019/20

Variance Commentary

£000 £000 £000Business ManagementTower Road National Productivity Investment Fund

2,700 2,188 -512 Design and procurement of the scheme have taken longer than originally anticipated. Contractor has yet to be appointed

Sustainable Transport Enhancement Programme (STEP)

393 863 470 The variance is accounted for by funding brought forward from 2018/19

Key Route Network

2,964 3,878 914 Funding brought forward from 2018/19 (£0.3m). Additional costs will be incurred in respect of cabling on the A41 which can be funded from savings on the street lighting contract.

Transport Advisory Group Feasibility Studies A41 Corridor and Wirral Waters

1,189 1,189 Additional grant funding was approved by the Combined Authority on 26th July 2019.The A41 North Corridor scheme (£0.651m) and the Wirral Waters scheme (£0.538m).

Windows 10 Rollout

608 958 350 Three additional areas of work have become apparent: Computer Aided Design and Geographical Information Systems replacement; delivering the schools installations has required additional staffing resources; additional demand for the new docked type monitors. The additional

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requirement can be funded from savings anticipated in the digital Corporate Storage scheme.

Digital Corporate Storage - upgrade & refresh technologies

1,225 761 -464 A reassessment of the budget requirement indicates that costs will be less than anticipated with some of these savings utilised to fund the additional schemes referred to above in the Windows 10 project

Enterprise Resource Planning (ERP)

4,340 240 -4,100 Soft market testing has been undertaken and following this, suppliers have profiled their cloud based offer to provide greater benefits to our business. The scheme is now approaching the procurement phase but the significant costs will only start to be incurred in the following financial year.

Delivery ServicesTransport for Growth

557 2,659 2,102 Adjustment to Integrated Transport grant allocation £1.1m and balance of funding brought forward from 2018/19

Bridges 551 816 265 Funding brought forward from 2018/19, primarily the balance of funding for Lingham Lane

LED street lighting/ column - Replacement

7,102 1,624 -5,478 Contract awarded in September, works commencing October. Majority of expenditure will be incurred December onwards.

West Kirby Flood alleviation

2,854 486 -2,368 The expected tender period is December and January with appointment in February. Start on site will not be until the end of the financial year so apart from the ongoing consulting costs and some preliminary site work there will not be any significant capital outlay.

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Aids to navigation

800 80 -720 Contract awarded in June. Estimated costs of design work in 2019/20 are £80,000. The remainder reprofiled as work cannot be undertaken during the bird breeding season coupled with the fact that there is a short weather window during which work can be undertaken. Work will commence in April 2020

Eastham Youth Hub

442 442 Work has been ongoing for a number of years on a scheme to relocate Eastham Youth Club to a new facility co-located with Anselmians’ Rugby Club. The funding was approved by Council on 14th October 2019

Aids, Adaptations and Disabled Facility Grants

5,834 2,500 -3,334 Substantial additional grant funding was included in the original budget. In May the Council received a further £4.3m. A realistic level of grant allocation is estimated to be £2.5m based on applications and resources available. The balance of funding has been re-profiled into 2020/21.

Leasowe Leisure Centre/Evolutions

1,000 0 -1,000 Various design options are still being considered in order to provide the most economical and effective solution. The scheme itself is unlikely to start until the new financial year.

Parks Machinery and Vehicles

1,875 0 -1,875 The budget represents the first year estimate of a 3 year rolling programme to update parks machinery and vehicles. Given the scale of the overall investment required (£3.9m) the programme has been deferred for further consideration.

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Economic and Housing GrowthWirral Waters Investment Fund

6,000 375 -5,625 The Marine Energy Automotive Park project (£1.5m) does not yet have planning permission and therefore, it is anticipated that it will commence in the last quarter of this financial year at the earliest. The Green/Civilised Streets project was reported to Cabinet 0n 30th September, seeking £400,000 of financial support for infrastructure improvement at Tower Road, Birkenhead. Funding will be required in 2020/21.

Housing Infrastructure Fund Marginal Viability

3,000 1,000 -2,000 Part of Homes England grant of £6m for infrastructure, land remediation, public realm works and utilities provision at Northbank, Wirral Waters. Estimated grant drawdown this year is £1m with the balance reprofiled into 2020/21.

Business Investment Fund

1,306 1,036 -270 8 bids have been received for financial assistance from this fund with the latest estimate for likely approval from this year’s allocation being £1.036 million.

New Ferry Regeneration Strategic Acquisitions

1,300 600 -700 25 properties have been identified for acquisition with 4 completed to date. Not all those identified will be completed this year.

Investment in Properties

10,106 1,500 -8,606 Closely linked to the progressing Wirral Growth Company it is intended to fund potential acquisitions. Costs in respect of Milton Pavement have been included in the current year projections with other schemes anticipated to commence in 2020/21.

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Community Bank

5,000 750 -4,250 A due diligence exercise will review the case to establish a North West Regional Community Bank covering Cumbria, Lancashire and Merseyside. Depending on the outcome the majority of the Council's contribution will not be required this financial year.

Adult Care and Health

Alcohol Treatment Capital Fund

406 406 Part of an overall grant of £6 million allocated to 23 authorities. The aim is to assist local authorities to prioritise alcohol treatment, invest in equipment and facilities and ensure that treatment expertise is enhanced to better meet the needs of people with alcohol problems.

LD extra care housing

3,000 0 -3,000 Demand is less than expected due to the private sector finding alternative funding sources to back their developments such as through the supported living regime.

Extra Care Housing

2,560 450 -2,110 Two Extra Care developments which have been awarded Council grant are on currently on site. Barncroft is scheduled for completion in January 2020 and will provide 21 units of Extra Care and the Woodpecker Close site is scheduled for completion in September 2020, providing 78 units. No other developments are planned for this year.

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Children’s Services

Basic Needs 577 1,710 1,133 Grant allocation notified in May

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62 QUARTER 2 2019/20 CAPITAL FINANCIAL MONITORING

The Cabinet Member for Finance and Resources introduced a report which provided an update on the progress of the Capital Programme 2019/20 at the end of September 2019. It requested Cabinet to recommend to Council the 2019/20 Capital Programme of £52.889 million which took account of re-profiling, additional funding requirements and grant variations identified since June.

On a motion by Councillor Janette Williamson, seconded by Councillor Tony Jones, it was -

Resolved - That:

(1) Cabinet recommends to Council the approval of additional funding for the schemes referred to in paragraph 3.3 of the report.

(2) Cabinet recommends to Council the approval of the revised Capital Programme of £55.889 million for 2019-20.

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63 MINIMUM REVENUE PROVISION RE-PROFILING

The Cabinet Member for Finance and Resources introduced a report which, following work in conjunction with external advisors, outlined a proposal to change the way that the Council calculated its Minimum Revenue Provision (MRP).

The proposal to change the method of calculation resulted in a re-profiling of MRP changes, rather than a permanent reduction in MRP charges, and flowed from the inclusion of long-term debtors and deferred charges in the calculation for the first time, as now permitted under statutory guidance.

On a motion by Councillor Janette Williamson, seconded by Councillor Tony Jones, it was -

Resolved - That the proposal to re-profile MRP charges resulting in a reduction of MRP charges by over £2m p.a. over the next ten years, recouped via higher charges in subsequent years, be endorsed and recommended to Council for approval.

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Agenda Item 9f


Draft

Statement of Licensing Policy

December 2019

Wirral Licensing Authority Wallasey Town Hall Brighton Street Wallasey CH44 8ED 0151 691 8043

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Agenda Item 9g

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II

CONTENTS

Page No.

1 Background 1

2 Executive Summary 2

3 Alcohol Related Harm 3

4 Child Exploitation 4

5 Purpose and Scope of the Licensing Policy 4

6 Licensing Objectives 5

7 Premises Licences 11

8 Operating Schedule 12

9 Off Licences 13

10 Conditions 15

11 Staff Training 16

12 Enforcement 17

13 Cumulative Impact 17

14 Cumulative Impact Assessment 18

15 Licensing Hours 20

16 Integrated Strategies 20

17 Planning 21

18 Temporary Event Notices 22

19 Licence Reviews 22

20 Administration Exercise & Delegation of Functions 23

21 Promotion of Equality 24

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III

LIST OF APPENDICES

Page No.

Appendix A Delegation of Functions 25

Appendix B List of Contacts 27

Appendix C Special Cumulative Impact Policy map 29

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1.0 BACKGROUND 1.1 Wirral Borough Council is situated in the County of Merseyside, which contains no

district Councils, but 5 metropolitan councils: Knowsley, Liverpool, Sefton, St Helens and Wirral. The Council area has a population of 322,796 (ONS 2017 midyear population estimates) making it the second largest after Liverpool in the County in terms of population. In terms of area it is the largest in Merseyside, covering 60.1 square miles. The Borough is mainly urban in outlook, with 32.85 square miles (54.66% of the borough) covered in Residential, Industrial or Commercial buildings.

The key provided identifies the urban / rural areas as well as regeneration priority areas.

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2.0 EXECUTIVE SUMMARY 2.1 This policy sets out how the Licensing Authority will carry out its function in respect of

individual applications made under the terms of the Licensing Act 2003 (The Act). 2.2 The Licensing Authority aims to provide a transparent balanced, consistent,

proportionate and fair licensing service for all service users including applicants, licence holders, Responsible Authorities and members of the public.

2.3 Holders of authorisations, be that a Premises Licence, Club Premises Certificate,

Temporary Event Notice or Personal Licence will be expected to work proactively and positively with the Licensing Authority, Responsible Authorities and members of the public to promote the licensing objectives.

2.4 The policy aims to ensure a consistent approach to licensing within Wirral, promoting

fairness and proportionality. The policy is to assist Officers and Members of the Licensing Act 2003 Committee in reaching decisions on particular applications, setting out those matters that will normally be taken into account.

2.5 The policy seeks to provide clarity for applicants and those who wish to make

representations in respect of any applications to enable them to understand the objectives being promoted and matters that will be considered in determination of the applications made under The Licensing Act 2003.

2.6 The policy will cover all applications for Premises Licences, Club Premises

Certificates, notification of temporary events, together with applications for renewals, transfers and variations. The policy also provides details of the review process that provides a key protection for the community where problems associated with the licensing objectives are occurring after the grant or variation of a Premises Licence or Club Premises Certificate.

2.7 Wirral Borough Council is the Licensing Authority under the Licensing Act 2003 (the

Act) and works closely with the Responsible Authorities, the licensed trade, local residents, local businesses and Ward Councillors to deliver the licensing objectives.

2.8 The Licensing Authority takes its responsibility and the Act seriously and actively

works with other bodies including Merseyside Police and Trading Standards to combat alcohol related crime and disorder, reduce alcohol related harm and tackle the sale of alcohol to underage persons.

2.9 The Licensing Authority works closely with residents to listen to their concerns and

where appropriate act as a mediator between licence holders and residents to address issues, in particular relating to the prevention of public nuisance. The Licensing Authority also works with licence holders to seek compliance with licence conditions and encourage discussion between all relevant parties to promote the licensing objectives. This work is undertaken in recognition that enforcement action will be taken when necessary and appropriate in accordance with the Authority’s Enforcement Policy.

2.10 Not only has this Statement of Licensing Policy been prepared to promote the four

licensing objectives under the Act, the Licensing Authority has had regard to the local strategies which have been developed for the borough, its residents, businesses, workers and visitors. The Licensing Authority intends to secure the proper integration

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with local crime prevention, planning, and other relevant strategies in its roles to promote the licensing objectives.

2.11 Wirral Council has declared an Environment and Climate Emergency. Whilst it is

acknowledged that this does not directly relate to the licensing objectives we encourage all licensed premises to aim to become carbon neutral. We will support licensed premises in developing environmental impact assessments and improvement plans linked to a zero carbon outcome.

2.12 Applicants for Premises Licences should be aware of the expectations of the

Licensing Authority and the Responsible Authorities as to the steps that are appropriate for the promotion of the licensing objectives, and to demonstrate knowledge of their local area when describing the steps they propose to take to promote the licensing objectives.

2.13 The Licensing Authority will monitor the effect of this Policy throughout the period it

covers through licensing liaison meetings with representatives of licence holders and also by way of regular meetings with the Responsible Authorities.

2.14 The Authority is committed to ensuring the highest levels of customer service for

applicants, Responsible Authorities and members of the public. Our officers will always seek to assist licence applicants in completing applications and considering relevant conditions – particularly with a view to addressing possible representations from residents and Responsible Authorities. This is an important part of building and enhancing the partnership between the Licensing Authority and the licensed trade and providing useful advice and assistance. Notwithstanding this advice, it will be a matter for the applicant to decide what conditions to volunteer and for Responsible Authorities and other persons to seek additional conditions where appropriate to promote the licensing objectives.

3.0 ALCOHOL RELATED HARM 3.1 The Council is aware that the hospitality and leisure industry in the Borough is a major

contributor to the economy, attracts tourists and visitors, enlivens towns and communities, and is a major source of employment. Whilst alcohol plays a big part in the social and recreational activities of many people living within and visiting the Borough, alcohol misuse can sometimes cause problems within our towns and communities.

3.2 The total annual cost to society of alcohol-related harm is estimated to be £21bn with

the most recent estimate of the annual cost to Wirral standing at £127m (Wirral JSNA, Alcohol Chapter). Alcohol-specific and alcohol-related hospital admissions in Wirral are above national and regional rates and have been increasing over the past decade. These admission rates correlate with deprivation in the borough. Trauma and Injury (TIIG) data tells us half of all assault attendees at Arrowe Park are linked to alcohol. Peaks in domestic violence have been associated with periods of increased alcohol consumption in Wirral and overall, alcohol has been shown to have an all too common role in domestic violence other violence and crime in general in the borough.

3.3 A key part of addressing alcohol harm has been through promotional campaigns such as

‘Drink Less, Enjoy More’ which have enabled Public Health and Licensing to work more closely together.

3.4 Alcohol is everybody’s business. It is a crosscutting issue that concerns the health and

wellbeing of our residents, the safety of our communities, and the future success of our town centres and their night-time economies.

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4.0 CHILD EXPLOITATION 4.1 The Licensing Authority is committed to protecting children from harm. We are aware that

alcohol misuse is one of the recurring key ‘parental factors’ in child protection and safeguarding, often contributing to parental neglect of children and domestic abuse and violence within families.

4.2 Alcohol is also often a factor in child exploitation (CE), where young people may be

encouraged or coerced to drink. Alcohol may also be a factor in risk taking behaviour by young people who drink irresponsibly. Nationally, evidence has been found of the exploitation of children taking place on licensed premises, or licensed premises being used for the purposes of grooming and enticement.

4.3 The Licensing Authority encourages licence / certificate holders and operators of licensed

premises:

To ensure that they are fully aware of the signs of child exploitation and to understand that the exploitation of a child is abuse and a crime; and

To raise the awareness of their staff about child exploitation and provide

intelligence to the appropriate authorities about concerns and about perpetrators who may be operating in their areas.

4.4 The Wirral Safeguarding Children Partnership has a webpage dedicated to providing local

information about child exploitation policies and procedures including risk factors and signs and symptoms.

5.0 PURPOSE AND SCOPE OF THE LICENSING POLICY 5.1 The Licensing Act 2003 requires that the Licensing Authority publish a Statement of

Licensing Policy that sets out the principles the Licensing Authority will generally apply to promote the licensing objectives when making decisions on applications made under the Act. In addition the Policy seeks to provide clarity for applicants and residents to enable them to understand the objectives being promoted and the matters that will be considered in the determination of licences. This Statement of Licensing Policy has been prepared in accordance with the provisions of the Act and having regard to the Guidance issued under Section 182.

5.2 The Policy relates to all those activities identified as falling within the provisions of the

Act, namely:

Retail sale of alcohol Supply of alcohol to club members Provision of regulated entertainment The supply of hot foot and/or drink from any premises between 11.00 pm and

5.00 am 5.3 In accordance with Section 5(3) of the 2003 Act, the policy has been prepared in

consultation with:

The Chief Officer of Police The Fire and Rescue Authority The Director of Public Health Persons/Bodies representative of local holders of premises licences

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Persons/Bodies representative of local holders of club certificates Persons/Bodies representative of local holders of personal licences Persons/Bodies representative of businesses and residents in its area

6.0 LICENSING OBJECTIVES 6.1 To achieve these objectives the Licensing Authority will use its full range of powers

and engage all relevant Responsible Authorities and members of the public. Accordingly, the Licensing Authority will enter appropriate partnership arrangements, working closely with the Police, the Fire and Rescue Authority, local businesses, community representatives and local people in meeting these objectives.

6.2 In carrying out its various licensing functions the Licensing Authority will promote the

licensing objectives which are:

The prevention of crime and disorder Public safety The prevention of public nuisance The protection of children from harm

These objectives will be considered of equal importance and paramount at all times.

6.3 Licensing is about the control of licensed premises, qualifying clubs and temporary

events within the terms of the 2003 Act. 6.4 In determining a licence application the overriding principle adopted by the Licensing

Authority will be to determine each application on its individual merits.

As a Licensing Authority we encourage high quality and well managed premises. Applications should therefore describe how these high management standards will be achieved, and In particular applicants will be expected to demonstrate:

Knowledge of best practice

That they understand the legal requirements of operating a licensed business

Knowledge and understanding of the licensing objectives, relevant parts of the licensing policy, and their responsibilities under the Licensing Act 2003

Prevention of Crime and Disorder 6.5 The Licensing Authority expects individual licence holders, new applicants and

temporary event organisers to regularly review their arrangements in addressing crime and disorder issues pertinent to their particular licensable activities and/or premises. Information and advice can be obtained from regulatory agencies, business network groups and other sources. The Licensing Authority also encourages local residents and other businesses to discuss issues of concern directly with individual businesses or, to contact the Police and Licensing Service if they believe that a particular licensed premises is failing to achieve this objective.

6.6 The Licensing Authority will require the applicant to detail in their operating schedule

the steps proposed to ensure the deterrence and prevention of crime and disorder, on and in the vicinity of the premises, having regard to their location, character, condition, the nature and extent of the proposed use and the persons likely to resort to the premises. Page 105

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6.7 There are many steps an applicant may take to prevent crime and disorder. The

Licensing Authority will look to the Police for the main source of advice on these matters.

6.8 The Authority will through its’ Community Safety Partnership, devise and help deliver

strategies to tackle the misuse of alcohol. The Licensing Authority expects existing licence holders, new applicants and the organisers of temporary events, to be able to demonstrate the measures they use, or propose to adopt, to prevent and actively discourage underage retail and hospitality sales/supply of alcohol. The Licensing Authority supports initiatives / good practice to prevent the sale of alcohol to those who attempt to buy alcohol on behalf of those who are underage as well as those who are drunk.

6.9 Where its discretion is engaged, the Licensing Authority will seek to promote the

licensing objective of preventing crime and disorder in a manner which supports the Community Safety Partnership and any local crime reduction strategy.

6.10 The risk assessment approach remains fundamental. Licence holders and applicants

are strongly recommended to work closely with the Police and Licensing Service in particular, in bringing into effect appropriate control measures to either overcome established or potential problems. A combination of short and longer-term strategies may need to be deployed by the licence holder to sustain and promote the prevention of crime and disorder.

6.11 The Licensing Authority will require the licence holder to indicate what steps will be

put in place to control the excessive consumption of alcohol and drunkenness on relevant premises in order to reduce the risk of anti social behaviour occurring elsewhere after customers have left the premises.

6.12 The Licensing Authority is aware of the link between the supply of discounted alcohol

and incidents of alcohol related disorder and will consider whether any measures or restrictions can be placed on alcohol sales to prevent binge drinking and promote ‘sensible drinking’.

6.13 Off Licences, shops, supermarkets and stores selling alcohol for consumption off the

premises potentially have a high risk of crime and disorder as they can be targeted as an easy premises from where to acquire alcohol. Such premises can contribute to anti social behaviour and disorder through the consumption of alcohol on the street and in open spaces by groups of drinkers, through the sale of alcohol to children, and through the sale of alcohol to street drinkers and persons who are already drunk.

6.14 The Licensing Authority expects Off Licences to show particular due diligence in areas

where these problems are prevalent, and to strictly monitor the way they sell alcohol where the premises are located close to schools and hostels and similar premises that provide shelter or services to alcohol dependent persons.

6.15 It is important that staff working at Off Licences are suitably trained in the Act and can

discharge their duties in full compliance with the licence conditions and requirements of the Act. This includes the ability to competently check a customer’s age with acceptable forms of identification where necessary.

6.16 The Licensing Authority will expect new applicants, existing licence holders and

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6.17 The Licensing Authority will encourage small businesses to network locally with other

businesses and to seek advice from regulatory agencies. 6.18 The Council has specific duties under Section 17 of the Crime and Disorder Act 1998

that underpins any control strategy that is employed. The Council will continue to work in partnership with the Police in addressing the crime and disorder issue(s).

Promotion of Public Safety 6.19 Public safety is not defined within the Act, but is concerned with the physical safety of

people, not specifically with public health matters, which are covered by other legislation such as the Health and Safety at Work etc, Act 1974 and the Regulatory Reform (Fire Safety) Order 2005.

6.20 Applicants and event organisers will be expected to assess not only the physical

environment of the premises (or site) but also operational practices, in order to protect the safety of members of the public visiting the site, those who are permanently employed in the business, those who are engaged in running an event or anyone else that could be affected by site activities.

6.21 Holders of Premises Licences, and Club Premises Certificates Certificates, or those

organising temporary events, should interpret safety widely, the Licensing Authority will take a broad approach to its meaning.

6.22 For licensed or certificated premises and for temporary events, public safety must be

kept under review and where changes to operational practices occur, a review of risk assessment must be undertaken.

6.23 Fire safety and means of escape remain an essential consideration to the Licensing

Authority when determining applications. The Licensing Service will work in partnership with the Fire and Rescue Authority and other Council departments (e.g. Building Control and Environmental Health) to ensure that appropriate standards are applied and maintained. Applicants are encouraged and reminded to consult with all relevant parties prior to submission.

6.24 In the context of providing safe access to licensed premises for disabled members of

the community, the Licensing Authority urges all licensees to familiarise themselves with The Equality Act 2010.

6.25 Special events in the open air or temporary structures raise particular issues.

Applicants are referred to other sections of this document where guidance on holding these types of event is given.

6.26 Maximum occupancy limits in the premises licence will be specified only where

appropriate for the promotion of public safety or the prevention of disorder.

Prevention of Public Nuisance

6.27 The Licensing Act 2003 enables Licensing Authorities and Responsible Authorities, through representations, to consider what constitutes public nuisance and what is appropriate to prevent it in terms of conditions attached to specific Premises Licenses and Club Premises Certificates

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6.28 In considering the promotion of this licensing objective, applicants and licence holders need to focus on the effect of licensable activities on persons living and working in the area around the premises which may be disproportionate and unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and litter.

6.29 Public nuisance is not narrowly defined within the context of the Act. The Licensing

Authority will take a broad approach to its meaning. In effect, any nuisance arising from a licensable activity – ranging from major noise from an outdoor pop concert affecting a wide area, to a low-level nuisance affecting only a few people (e.g. vibrations from a poorly mounted extraction duct serving a night café), could be included.

6.30 The Licensing Authority remains sensitive to the expectations and needs of different

parts of the community in respect of leisure and cultural pursuits, and will view applications accordingly. The Licensing Authority will consider the impact of those activities on people who have to live, work and sleep within the local vicinity of a licensed premises.

6.31 The Licensing Authority will always consider whether other legislation already

provides sufficient protection of the rights of local people. For example, the Environmental Protection Act 1990, the Noise Act 1996 and the Anti-Social Behaviour Crime and Policing Act 2014 can be utilised to address noise nuisance issues. The Licensing Authority considers that the potential for public nuisance can be prevented or much reduced by good design and planning during new or ancillary construction works, and by the provision of good facilities. This will require appropriate advice at the planning and development stages of new projects. The Licensing Authority’s Licensing Service and the Environmental Health Department and other regulatory agencies such as the Police, should be viewed as being instrumental in this respect. Applicants should consider carefully the suitability of the premises for the type of activity to be undertaken, particularly in terms of ventilation, noise breakout and noise/vibration transmission to adjoining premises. Applicants should ensure they have measures in place to prevent public nuisance within the vicinity of the premises that might affect other businesses as well as residents.

3.32 The Licensing Authority expects licence holders to use their risk assessments and

Operating Schedules to review and, if need be, to make necessary improvements to the premises, or to operational practices, in order to prevent public nuisance. The matter of persons congregating in outside areas including beer gardens can cause disturbance and be a public nuisance to residents living in close proximity to licensed premises. This congregation may be connected to the manner in which the smoke free legislation is managed at the premises. The Licensing Authority will expect such matters to have been demonstratively assessed and addressed in the Operating Schedule. In cases where there appears to be a likelihood of residents living around licensed premises or businesses within the vicinity being disturbed by customers leaving venues, or there being an impact on crime and disorder from customers leaving venues, applicants may consider putting in place a dispersal policy. Such a policy would set out the steps that would be put in place to minimise disorder or disturbance that may be caused as customers leave.

6.33 Applicants are recommended to consult Environmental Health Services for advice on

measures that may need to be incorporated into an operating schedule. 6.34 The Licensing Authority will particularly consider the following matters where they are

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The proximity of residential accommodation The type of use proposed, including the likely numbers of customers, proposed

hours of operation and the frequency of activity The steps taken or proposed to be taken by the applicant to prevent noise and

vibration escaping from the premises, including music, noise from ventilation equipment, and human voices. Such measures may include the installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices

The steps taken or proposed to be taken by the applicant to prevent

disturbance by customers arriving at or leaving the premises The use of smoking areas and how these are controlled / managed The use of a garden / other open-air areas, and how these are controlled /

managed The steps taken or proposed to be taken by the applicant to ensure staff leave

the premises quietly The arrangements made or proposed for parking by patrons, and the effect of

parking by patrons on local residents The provision for public transport in the locality (including taxis and private hire

vehicles) for patrons Whether a dispersal policy has been prepared to minimise the potential for

disturbance as customers leave the premises Any other relevant activity likely to give rise to nuisance

6.35 Following the implementation of the smoking ban, the Licensing Authority has

become aware of nuisance issues relating to the use of external areas at licensed premises. If relevant representations are made, the Licensing Authority will consider whether it is necessary to impose conditions to regulate behaviour in external areas and access to them in order to promote the licensing objectives. In so doing the Licensing Authority considers that generally patrons who are using external smoking areas or shelters are there as a direct result of the licensed premises and are within the control of the licence holder. Applicants with external areas are recommended to seek the views of the Council’s Environmental Health Department when preparing their operating schedule so as to include appropriate measures to prevent public nuisance.

6.36 The approach of the Licensing Authority will be one of the prevention. Where the provision of existing legislation proves inadequate or inappropriate for control purposes, if its discretion is engaged through the submission of representations the Licensing Authority will consider imposing licence conditions. Any condition deemed appropriate and imposed by the Licensing Authority to promote the prevention of public nuisance will focus on measures within the direct control of the licence holder, and designated premises supervisor. If conditions or other legislation cannot adequately address the issues of nuisance, an application may be refused.

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Protection of Children from Harm 6.37 The Licensing Authority recognises the Wirral Safeguarding Children Partnership as

being competent to advise on matters relating to the protection of children from harm. 6.38 Applicants will be expected to demonstrate in their operating schedule that suitable

and sufficient measures have been identified and will be implemented and maintained to protect children from harm, relevant to the individual style and characteristics of their premises and events.

6.39 It is mandatory for premises which sell or supply alcohol to have an age verification

policy in place. The Licensing Authority supports the Challenge 25 scheme, and such a scheme volunteered as part of an operating schedule will be given the appropriate weight when the Licensing Authority determines the licence application.

6.40 Licensing conditions will usually only restrict access to children in order to protect

those children from harm. Applicants will be expected to pay particular attention to safety issues within their operating schedule where regulated entertainment is specially presented for children.

6.41 The Licensing Authority recognises the great variety of premises for which licences

may be sought, including cinemas, public houses and ‘night-clubs’. The Licensing Authority will consider the individual merits of each of these applications. Examples of premises where restrictions on access to children may be imposed include:

Where there have been convictions of current staff for serving alcohol to minors Where there is a known association with drug taking or dealing Where there is a strong element of gambling on the premises Where entertainment of an adult or sexual nature is commonly provided Where the supply of alcohol for consumption on the premises is the exclusive

or primary purpose of the services provided at the premises

6.42 The options available for limiting access to children can include: A limit on the hours when children may be present Age limitations (below 18) Limitation or exclusions when certain activities are taking place The requirement to be accompanied by an adult Full exclusion of people under 18 from the premises when any licensable

activities are taking place 6.43 The Licensing Authority will not impose any condition which specifically requires

access for children to be provided at any premises. Where no restriction or limitation is imposed the issues of access will remain a matter for the discretion of the individual licensee or club or event organiser.

6.44 Where children are expected to attend public entertainment, appropriate adult

supervision will be required to control the access and egress of children and to protect them from harm.

6.45 The type of entertainment and the nature of the premises will determine the

appropriate level of adult supervision. If considered appropriate, the Licensing Authority may require that adult supervisors be subject to a Disclosure and Barring check.

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6.46 Where cinemas are concerned, the Licensing Authority would expect licensees to

impose conditions that children will be restricted from viewing age-restricted films according to the recommendations of the British Board of Film Classification or the Licensing Authority. Licensees will be expected to include in their operating schedule arrangements for restricting children from viewing age restricted films.

6.47 The Licensing Authority has not adopted its own system of classification and therefore

abides by the recommendations of the British Board of Film Classification. A mandatory condition attached to all Premises Licences and Club Premises Certificates authorising the exhibition of films requires that all films should have been classified by a body designated under Section 4 of the Video Recordings Act 1984 (the British Board of Film Classification is the only body designated as such) or by the Licensing Authority itself. Where the Licensing Authority itself is to classify a film, the Authority expects:

A synopsis of the exhibition or young person’s film programmes to be sent to

the Licensing Service 21 days in advance, where possible, of any exhibition, giving sufficient information on any potentially controversial issues such as theme, swearing, violence, imitable techniques, horror, drugs, nudity, flashing lights etc, and in particular anything considered over 18 – R18 for example.

Information as to the steps that will be taken to display notices inside and

outside the premises so that persons entering can readily read them and be aware of the category attached to the film.

Information on how staff are informed on policies and matters that may be

significant at the time of the exhibition. To ensure that whenever children are in the vicinity of a film or exhibition that is

being shown in a multi purpose premises, sufficient ushers/stewards (minimum 18 years old) shall be in attendance at the entrance to the viewing room at all times to ensure children cannot enter or view the film or exhibition.

6.49 Following receipt of the above written information, elected Members will view the film

to determine the appropriate recommendation. The film will therefore be referred to a Licensing Sub-committee for determination.

7.0 PREMISES LICENCES 7.1 Applicants for new Premises Licences (or club premises certificates) and variations

to existing Premises Licences are encouraged where appropriate to conduct a thorough Risk Assessment to demonstrate compliance with the Licensing Objectives and produce an Operating Schedule to fully reflect how those objectives will be met. The Licensing Authority encourages applicants to obtain appropriate planning consents prior to submitting applications for new premises licences or where variations are being sought.

7.2 An application for a Premises Licence must be made in the prescribed form and be copied to each of the Responsible Authorities and be accompanied by;

the required fee an operating schedule a plan of the premises in a prescribed form to which the application relates;

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and

if the application involves the supply of alcohol, a form of consent from the individual who is to be specified in the licence as the designated premises supervisor

7.3 Applications may be submitted online, rather than in writing. In this case, the applicant

will not need to send copies of the application to all the Responsible Authorities as the Licensing Authority will attend to this. The online application must have attached a plan of the premises and consent of the proposed Designated Premises Supervisor if applicable. The relevant licence fee must be paid at the time of submitting the application electronically. The Online Application facility can be accessed on the relevant page of the Council’s website at www.wirral.gov.uk/licensing.

7.4 Where a Premises L icence or Club Premises Certificate holder wishes to amend the licence an application to vary will be required. This will either take the form of a standard variation application (requiring the display of a notice in a local newspaper and a similar notice on the premises for 28 days with any representations being considered by the Licensing Act 2003 Sub Committee) or a “minor” variation application (requiring the display of a notice on the premises for 10 working days with any representations being considered by an officer of the authority within 15 working days of the application being made).This “minor” variation process is limited to:

minor changes to the structure or layout of a premises small adjustments to licensing hours the removal of out of date, irrelevant or unenforceable conditions or addition of

volunteered conditions and the addition of certain licensable activities

7.5 This “minor” variation process cannot be used to:

extend licensing hours for the sale or supply of alcohol for consumption on or

off the premises between the hours of 23.00 and 07.00; or to increase the amount of time on any day during which alcohol may be sold or

supplied for consumption on or off the premises

7.6 Applications to reduce licensing hours for the sale or supply of alcohol or to move (without increasing) the licensed hours between 07.00 and 23.00 will normally be processed as minor variations.

7.7 Licence holders may wish to consider using the minor variations process for such things as the addition or extension of live music at their premises. In considering any such application licensing officers will need to decide whether the particular application could impact adversely on any of the licensing objectives. The Licensing Authority does not consider that the “minor” variation process should be used to seek the removal or amendment of conditions / hours which have been determined by the Licensing Act 2003 Sub-Committee.

8.0 OPERATING SCHEDULE 8.1 Under the Licensing Act 2003 applicants are required to complete an ‘operating

schedule’. Applicants are expected to have regard to the Council’s Statement of Licensing Policy. They must also be aware of the expectations of the Licensing Authority and the Responsible Authorities as to the steps that are appropriate for the

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promotion of the licensing objectives and to demonstrate knowledge of their local area when describing the steps they propose to take to promote the licensing objectives.

8.2 Operating schedules are the key to ensuring that the four licensing objectives are

promoted. An operating schedule should include enough information to enable any Responsible Authority or other person to assess whether the steps to be taken to promote the licensing objectives are satisfactory.

8.3 Applicants should make their own enquiries and demonstrate how they have

considered the following in their operating schedule:

The layout of the local area and physical environment including crime and disorder hotspots, proximity to residential premises and proximity to areas where children and young persons may congregate

Any risk posed to the local area by the applicants’ proposed licensable

activities; and

Any local initiatives for example, local crime reduction initiatives or voluntary schemes which may help mitigate potential risks of undermining the licensing objectives.

8.4 The Licensing Authority expects individual applicants to complete the operating

schedule in a manner that is specific to the application being made in respect of those premises and the licensable activity to be carried on rather than in general or standard terms. Information should be given to demonstrate how the applicant proposes to address and promote the licensing objectives.

8.5 Any application or operating schedule not completed in accordance with the Act and

the regulations may be returned to the applicant unprocessed with a request to complete the forms correctly before the application is accepted by the Licensing Authority.

8.6 Operating schedules for Premises Licences are the key to ensuring compliance with

the four licensing objectives. The measures proposed in the operating schedule will normally be converted into conditions to be attached to the Premises Licence and/or Club Premises Certificate and should therefore fulfil the following criteria:

i) Be precise and enforceable ii) Be unambiguous iii) Not duplicate other statutory provisions iv) Be clear in what they intend to achieve, and v) Be appropriate, proportionate and justifiable

8.7 Prospective holders of new Premises Licences, and those seeking variations to

existing Premises Licences are advised to consult with the Licensing Authority and the various Responsible Authorities at the earliest possible stage.

8.8 During the course of its inspections, the Licensing Authority may refer matters to any

other agency where there appears to be a contravention of the legislation enforced by that agency.

9.0 OFF LICENCES

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9.1 Over recent years the Licensing Authority has become increasingly aware of the

problems experienced in some local communities arising from the availability of alcohol for sale at local shops for consumption off the premises. These problems typically manifest themselves when youths obtain alcohol and drink it in public spaces and cause noise, nuisance and anti-social behaviour often late at night. In addition, alcohol-dependent persons will obtain alcohol from such shops and congregate around them, or in nearby streets and public places, causing noise, nuisance and anti-social behaviour at any time of the morning, day or night.

9.2 The Licensing Authority recognises that it can be difficult for shop-keepers to prevent such activity particularly where alcohol is obtained from proxy sales. Nonetheless, the Licensing Authority has a statutory duty to promote the licensing objectives and thereby protect local communities from anti-social conduct due to the availability of alcohol from local shops. To this end, the Licensing Authority expects all applicants shops wishing to sell alcohol, or extend their hours of sale, to carefully assess their local environment and seek advice from local councillors, the local Police and the Council’s Responsible Authority Officer and Weights and Measures Officer as to their views as to hours, conditions and product types which are appropriate to their local environment and customer profile. In the event that applications are submitted which have not demonstrated that such matters have been properly considered it is likely that representations will be made by the relevant Responsible Authorities and the public which will delay the determination of the application and result in it being referred to the Licensing Act 2003 Sub Committee for determination.

9.3 Once an application is referred to the Sub Committee it can be expected that the Sub Committee will scrutinise the application or licence very carefully and arrive at a decision which it considers to be appropriate to promote the licensing objectives. This may well result in a reduction in hours for the sale of alcohol, additional conditions, for example, restricting the maximum alcohol strength of certain products or that no single cans may be sold or even the refusal of the application.

9.4 Applicants and licence holders should give particular care to their operating procedures where they are situated close to schools. For example, child focussed precautions should be considered regarding the placing of alcohol away from products attractive to children and in a location where it can be easily monitored as well as the placing and prominence of alcohol advertising.

9.5 The Licensing Authority considers that it is not generally appropriate for hot food / fast food takeaways to be licensed for the supply of alcohol because of the risk of crime and disorder and public nuisance arising from alcohol being consumed in the shop or by customers congregating in the vicinity of the shop. Whilst this is the Authority’s general position the Authority recognises the need to consider each case on its merits. In the event that such a premises is licensed to sell alcohol, strict conditions are likely to be imposed as to such things as the hours of such sale, the quantity of alcohol which may be sold and the related purchase of food.

9.6 For sales of alcohol for consumption off the premises – applicants in respect of off

licences and other premises selling alcohol for consumption off the premises may need to consider whether:

there are appropriate numbers of staff on duty to deal with possible

‘intimidation’ to sell alcohol.

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there are restrictions required on the sale of low price, high strength alcohol and drink promotions.

an incident log book is available to record incidents. there are measures in place to prevent underage sales. there are measures in place to prevent alcohol from being sold outside

permitted hours where the operating hours of the premises exceed those for the sale of alcohol.

there are procedures in place to prevent sales of alcohol to intoxicated persons

(with particular attention to street drinkers) or individuals leaving premises in the vicinity such as a late night bar; where there is evidence to suggest this is a problem the Licensing Authority may require a temporary cessation of alcohol sales during high risk times.

10.0 CONDITIONS 10.1 The Licensing Authority cannot impose conditions unless it has received a relevant

representation from a Responsible Authority, such as the Police or an Environmental Health Officer or an other person, such as a local resident, local business or a local Ward Councillor. The Licensing Authority will determine whether or not a representation qualifies as a “relevant representation” and therefore whether or not the representations may be taken into account by the Licensing Authority when it makes its decision. In determining whether or not a representation is a “relevant” representation, the Licensing Authority will have regard to Statutory guidance. The Licensing Authority then needs to be satisfied that it is appropriate to impose conditions or refuse an application in order to promote one or more of the licensing objectives.

10.2 The Licensing Authority recognises that all applications should be considered on an

individual basis and any condition attached to such a licence will be tailored to each individual premises. Standard conditions, other than mandatory conditions, will therefore be avoided and no condition will be imposed that is disproportionate or cannot be shown to be appropriate for the promotion of the licensing objectives.

10.3 Applicants for Premises Licences or Club Premises Certificates or for variations to

such licences or certificates are expected to conduct a thorough risk assessment with regard to the licensing objectives when preparing their applications. The risk assessment should cover the premises, events, activities and the customers expected to attend and will inform any necessary steps to be set out in the operating schedule to promote the licensing objectives. As referred to earlier in this Policy it would be sensible for applicants to consult with Responsible Authorities when operating schedules are being prepared. This would allow for proper liaison before representations prove necessary. The level of detail to be provided should be proportional to the scale and nature of the application to allow Responsible Authorities and other persons to consider whether the licensing objectives are being/can be fully met.

10.4 If an applicant volunteers a prohibition or restriction in their operating schedule

because their own risk assessment has determined it is appropriate, such prohibitions or restrictions will become conditions attached to the licence, or certificate and will be enforceable.

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10.5 Conditions deemed appropriate to achieve the licensing objectives will be applied

following relevant representations. Conditions attached to licences will be proportionate and will focus on matters that are within the control of individual licensees and others granted relevant permissions. The focus of these conditions will be on the direct impact that activities taking place at the licensed premises could have on persons attending the venue as well as members of the public living, working or engaged in normal activity in the area concerned and will seek to ensure the protection of children from harm.

10.6 It is recognised by this policy that licensing law is not a mechanism for the general

control of anti-social behaviour by individuals once they are beyond the direct control of the individual or business holding the licence, certificate or permission concerned. This policy is able to address such behaviour “in the vicinity” of premises used for licensable activities. Whether or not incidents can be regarded as “in the vicinity” of licensed premises or places is ultimately a matter of fact to be determined by the courts in cases of dispute. The Licensing Authority will primarily focus on the direct impact of the activities taking place at the licensed premises on members of the public living, working or engaged in normal activity in the area concerned.

10.7 The Licensing Authority will work in partnership with the Police and other relevant

agencies to promote the licensing objectives and will develop licensing conditions for individual premises in order to meet these objectives and conditions will be tailored to the specific premises concerned. Licensing Law is not the primary mechanism for the general control of nuisance and anti-social behaviour once they are beyond the direct control of the individual or business holding the licence, however the Licensing Authority recognises that it is a key aspect of such control and Licensing Law will always be part of a holistic approach to the management of the evening and night time economy in town and city centres.

10.8 Other mechanisms available for addressing issues when individuals behave badly

away from licensed premises include:

Planning control Town centre initiatives The provision of CCTV surveillance in town centres Designation of defined areas within this Authority where alcohol may not be

consumed publicly Police enforcement of the normal law concerning disorder and anti-social

behaviour including the issuing of fixed penalty notices The prosecution of any personal licence holder or member of staff at such

premises who is selling alcohol to people who are drunk or who are underage The confiscation of alcohol from adults and children in designated areas Police powers to close down instantly for up to 24 hours any licensed premises

or temporary events on grounds of disorder, the likelihood of disorder or excessive noise emanating from the premises

The power of the Police, other Responsible Authority or a local resident or business to seek a review of the licence or certificate in question

11.0 STAFF TRAINING 11.1 The Licensing Authority recommends that all persons employed on licensed premises

who are engaged in the sale and supply of alcohol be encouraged to attend training programmes to raise awareness of their responsibility and particularly of the offences

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contained within the Act. Similarly persons employed at on-licensed premises should be encouraged to attend training programmes which will raise their awareness of the issues relating to drugs and violence in licensed premises, and that suitable training be extended to all staff involved in managing or supervising the premises.

11.2 It is also recommended that persons employed on premises providing entertainment

for children and youths attend training programmes in basic child protection and safety, and if appropriate have the necessary Disclosure Barring Service checks.

Staff working in licensed premises are also encouraged to undertake training as

Custodians, identifying problematic drinking and signposting individuals into services. 12.0 ENFORCEMENT 12.1 It is essential that Licensed Premises are maintained and operated to ensure the

continued promotion of the licensing objectives and compliance with the specific requirements of the Act. The Licensing Authority will monitor premises and take appropriate enforcement action in line with the Licensing Authority’s Enforcement Policy. A copy of the Enforcement Policy is available on request.

12.2 The Licensing Authority recognises the interests of both citizens and businesses and

will work closely with partners to assist licence holders to comply with the law and the licensing objectives. However, proportionate but firm action will be taken against those who commit serious offences or consistently break the law.

12.3 The Licensing Authority will continue to work with Merseyside Police on joint

inspections of premises to reduce the level of crime and disorder and ensure the safety of the public. Protocols will continue to be developed to avoid duplication and ensure the best use of resources to promote the licensing objectives.

12.4 Protocols continue to be developed in accordance with the Licensing Authority’s

Enforcement Policy and the principles of better regulation. The principles of risk assessment and targeting will prevail and inspections planned accordingly.

13.0 CUMULATIVE IMPACT 13.1 Cumulative impact means the potential impact on the promotion of the licensing

objectives of a significant number of licensed premises concentrated in one area. Cumulative impact of licensed premises on the promotion of the licensing objectives is a proper matter for a Licensing Authority to consider and the Licensing Authority may adopt a special policy.

13.2 The effect of adopting a special policy of this kind is to create a rebuttable

presumption that applications for new Premises Licences or Club Premises Certificates or variations that are likely to add to the existing cumulative impact will normally be refused, following relevant representations, unless the applicant can demonstrate in their operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

13.3 However, a special policy does not relieve Responsible Authorities or any other

person of the need to make a relevant representation before a Licensing Authority may lawfully consider giving effect to its special policy. If there are no representations, the Licensing Authority must grant the application in terms that are consistent with the operating schedule submitted.

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13.4 The absence of a special policy does not prevent any Responsible Authority or any other person making representations on a new application for the grant of a licence on the grounds that the premises will give rise to a negative cumulative impact on one or more of the licensing objectives.

13.5 It is for any person making such representations to provide evidence to the Licensing

Act 2003 Sub-Committee that the addition of the premises concerned would cause the cumulative impact claimed. When considering such representations, the committee will:

Identify any serious and chronic concern Identify the area from which problems are arising and the boundaries of that

area Make an assessment of the causes Consider adopting a policy about future licence applications from that area

13.6 The cumulative impact of licensed premises on the promotion of the licensing

objectives is a matter the Licensing Authority can take into account. This should not, however, be confused with ‘need’ which relates more to the commercial demand for a particular type of premises e.g. a public house, restaurant or hotel. The issue of ‘need’ is therefore a matter for planning consideration or for the market to decide and does not form part of this licensing policy statement.

13.7 The Licensing Authority recognises that public houses, ‘night clubs’, restaurants,

theatres, concert halls, community buildings and cinemas all provide their services of selling alcohol, serving food and providing entertainment with contrasting styles and characteristics. Proper regard will therefore be given to these differences and the differing impact they will have on the local community and each application will be considered on its individual merits.

14.0 CUMULATIVE IMPACT ASSESSMENT 14.1 On 5 January 2017 Merseyside Police requested the Licensing Authority consider

adopting a Special Cumulative Impact Policy, for an area within Birkenhead. The request was made due to the level of crime and disorder, public nuisance, littering, street drinking, under-age drinking and anti-social behaviour believed to be resulting in part from the number of off-licence premises located in the area. The request was supported by Ward Councillors.

14.2 A comprehensive consultation process was therefore undertaken about the possibility

of introducing a Special Cumulative Impact Policy for Charing Cross, Grange Road West, Grange Mount, Oxton Road and the boundary of the Town Centre.

14.3 The consultation period ran from 13 January 2017 to 3 March 2017 and sought views

on a Special Cumulative Impact Policy in relation to premises licensed for the sale by retail of alcohol for consumption off the premises only

14.4 The Authority was satisfied from the responses received that the number of premises

in Charing Cross, Grange Road West, Grange Mount, Oxton Road and the boundary of the Town Centre licensed under the Licensing Act 2003 for the sale by retail of alcohol for consumption off the premises only were cumulatively giving rise to significant problems of public nuisance and crime and disorder.

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14.5 As a result, the Authority resolved to introduce a Special Cumulative Impact Policy limited to Charing Cross, Grange Road West, Grange Mount, Oxton Road and the boundary of the Town Centre with effect from 10 July 2017.

14.6 The streets that are subject to the Cumulative Impact Policy are shown delineated on

a plan attached to this Policy Statement at Appendix C. 14.7 In arriving at this decision the Licensing Authority decided that the Special Cumulative

Impact Policy in this area should only apply to Premises licensed for the sale by retail of alcohol for consumption off the premises only.

14.8 The Licensing Authority has subsequently consulted upon whether the area should

remain subject to a Cumulative Impact Policy. The consultation took place between 26 July 2019 and 13 September 2019. In response to the consultation a report was submitted by Merseyside Police providing evidence to support the retention of the Special Cumulative Impact Policy. Evidence was provided by Merseyside Police that street drinking continues to be prevalent in the area. It was the view of Merseyside Police that the availability of alcohol in the area is a contributing factor to the level of street drinking. Evidence was provided relating to the impact of street drinking on individuals and businesses as well as the level of alcohol related violence and alcohol related domestic violence in and directly around the Special Cumulative Impact Policy area.

14.9 Having considered the evidence provided by Merseyside Police the Licensing Authority remains of the opinion that the area identified in appendix C to this Policy should continue to be subject to a Cumulative Impact Policy.

14.10 All premises within the streets specified in Paragraph 14.2 of this Policy licensed for

the sale by retail of alcohol for consumption off the premises only or wishing to apply to carry out licensable activities which, if granted, would place them in this category will be subject to a presumption against granting any application for a Premises Licence or a variation that is likely to add to the existing cumulative impact.

14.11 However, this presumption will only be triggered in the event of a relevant

representation being received. If there are no such representations the Authority MUST grant the application in terms that are consistent with the operating schedule submitted.

14.12 If such representations are made, a Sub-committee of the Authority will hear those

representations and conclude whether or not the presumption against granting should apply. This will normally be the case unless the applicant can demonstrate in their operating schedule that the application will not add to the cumulative impact on one or more of the licensing objectives and that the Authority would therefore be justified in departing from the Special Cumulative Impact Policy in the light of the individual circumstances of the case.

14.13 Other than this area, there are no other places within the Authority’s area which are the

subject of a special cumulative impact policy. In the event that the Licensing Authority becomes satisfied, after considering available evidence following consultation in accordance with Section 5(3) of the Licensing Act 2003, that it is appropriate to include an approach to cumulative impact in respect of any other streets or areas in the licensing policy statement, this will be referenced in the Policy Statement by way of amendment.

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14.14 The absence of a special policy in a particular street or area does not prevent any responsible authority or person making representations on an application for the grant or variation of a licence on the grounds that the premises will give rise to a negative cumulative impact on one or more of the licensing objectives.

15.0 LICENSING HOURS 15.1 Guidance issued under Section 182 of the Licensing Act 2003 states that the

Licensing Authority has powers to make decisions regarding licensed opening hours and that Licensing Authorities are best placed to make such decisions based on local knowledge. In determining licensing hours the Licensing Authority will have regard to the location of the premises in question and the surrounding area, considering each application on its individual merits.

15.2 Particular regard will be given to premises in close proximity to residential

accommodation. 15.3 If relevant representations are made, the Licensing Authority will determine the hours

of use proposed having regard to the operating schedule and any risk assessment that adequately demonstrates that:

the applicant has properly considered what is appropriate for the local area

when considering what hours and activities to apply for the potential effect on the licensing objectives is not significant the agreed operating schedule demonstrates that the applicant is taking

appropriate steps to minimise any adverse impact on local residents and businesses

15.4 Restrictions may be made to the proposed hours of use where, after receiving

relevant representations, the Licensing Authority considers it appropriate for the promotion of the licensing objectives to do so.

16.0 INTEGRATING STRATEGIES 16.1 The Licensing Authority will seek to ensure proper integration with the Community

Safety Partnership, Planning, and other relevant strategies when dealing with licence applications and through partnership working. The Licensing Authority will work with other partners including the Police, Trading Standards and Pubic Health to develop initiatives that support the licensing objectives.

16.2 The Licensing Authority recognises that there are many stakeholders in the leisure

industry covering a wide range of disciplines. 16.3 The Licensing Authority shall have regard to the local Policing Plan and local crime

prevention strategies where appropriate. 16.4 The Licensing Authority shall have regard to the need to disperse people quickly and

safely from the town centre to avoid concentrations that may produce disorder and disturbance. The policy shall reflect any protocols agreed between the local Police and other licensing enforcement officers and the need to report to other council committees.

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17.0 PLANNING 17.1 It will be expected that applications for Premises Licences, Club Premises Certificates

and Temporary Event Notices will normally relate to premises with an existing lawful use for the activity proposed and the times when such activities are permitted.

17.2 Applications for Premises Licences for permanent commercial premises should

normally be from businesses with planning consent for the property concerned. However, applications for licences may be made before any relevant planning permission has been sought or granted by the planning authority. The planning and licensing regime involve consideration of different (albeit related) matters, for example, Licensing considers public nuisance whereas planning considers amenity.

17.3 The Licensing Authority recognises that licensing applications should not be seen as a

re-run of the planning application process and that there should be a clear separation of the planning and licensing regimes to avoid duplication and inefficiency. Similarly, the granting by the Licensing Authority of any variation of a licence which involves a material alteration to a building would not relieve the applicant of the need to apply for planning permission or building consent.

17.4 There are also circumstances when as a condition of planning permission, a terminal

hour has been set for the use of the premises for commercial purposes. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time. Applicants are strongly recommended to consider whether their application conflicts with a relevant planning permission for a particular premises. If the applicant is unsure whether this is the case or where they are aware of such a conflict, they should contact the planning department. Contact details are provided in Appendix 2

17.5 The Council's Planning Policies are currently set out in its Unitary Development Plan

(UDP), supplemented by additional guidance on A3 use of restaurants and cafés, A4 use of public houses and A5 use for take-aways. The strength of these policies is that there is an obligation both on the Council, as the local Planning Authority, and the decision maker on any appeal, to give considerable weight to them. This helps to ensure consistency in the decision making process.

17.6 In general, planning permissions authorise the development or change of use of land

and buildings in the public interest, whereas licences relate to the specific circumstances and proposed licensable activity within a particular premises and the suitability of the operator and may cover only a part of the premises.

17.7 In many cases where an application is made for a new licence or variation, the town

planning use will already be authorised by a previous planning permission or because the premises has a longstanding lawful use. Therefore, a new application for planning permission is often not required. However, the existing planning permission if recently granted is very likely to have conditions restricting the use of the premises in some way: e.g. the hours of operation. In that case, anybody seeking a licence to operate beyond those hours would need to seek and obtain the revised planning permission or a variation or removal of the relevant planning condition.

17.8 In general, the planning position should be resolved before a licence application is

made. The Licensing Authority may refuse to grant a licence if the:

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Hours being sought exceed those authorised by any planning permission. 17.9 The Licensing Authority may nonetheless determine a licence application without

evidence of a lawful planning use where the applicant satisfactorily demonstrates special reasons justifying such an approach.

18.0 TEMPORARY EVENT NOTICES 18.1 A permitted temporary activity is an event lasting for no more than 168 hours where

the number of people attending the event is no more than 499. 18.2 Temporary events do not involve the Licensing Authority giving permission for the

event to take place but the Police and Environmental Health must be served with the Temporary Event Notice (TEN). This is a notification procedure in which only the Police and Environmental Health may intervene to prevent such an event taking place or to modify the arrangements for such an event. The Police and Environmental Health may only do so where they believe it may undermine the promotion of the licensing objectives.

18.3 The event organiser must give the Licensing Authority, the Police and Environmental

Health a minimum of 10 clear working days notice, or 5 clear working days notice in the case of a late TEN. This does not include the application date, the day of the event, weekends and bank holidays. The Licensing Authority recommends that TEN’s are received by this Authority and Merseyside Police at least 28 days before the event, to allow any necessary discussions to take place with the Police or Environmental Health.

18.4 It is not a requirement for a TEN to be served on other Responsible Authorities, however the Licensing Authority will notify the Responsible Authorities of all TEN’s received. In addition Ward Councillors will be made aware of the TEN’S received relating to the premises in their ward so they are up to date with activities taking place in their area and are therefore able to respond to enquiries from local residents.

18.5 As stated in paragraph 18.2 it is only the Police and Environmental Health who can

object to a TEN and providing details to other Responsible Authorities and Ward Councillors is purely to assist them in undertaking their duties.

19.0 LICENCE REVIEWS 19.1 At any stage following the grant of a Premises Licence or Club Premises Certificate a

Responsible Authority or any other person may ask the Licensing Authority to review the Licence or Club Premises Certificate because of a matter at a particular premises in connection with any of the four licensing objectives.

19.2 Where a person or body is considering making an application for a review they are

advised to contact the Licensing Office, contact details are provided in Appendix 2. This is so that an officer may provide some initial feedback on the matter and then if appropriate attempt to facilitate a meeting or a series of meetings between relevant persons to discuss the review process and identify any possible solutions.

19.3 Applicants for a review should make all efforts to set out their concerns clearly and

ensure that these concerns are relevant to a failure to promote one or more of the licensing objectives.

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19.4 In considering an application from an ‘other person’ the Licensing Authority must first consider whether the applicant is relevant, vexatious, frivolous or repetitions.

19.5 The promotion of the licensing objectives relies heavily on a partnership between

licence holders, residents, Responsible Authorities and other persons in pursuit of common aims. It is important therefore that Authorities, persons and Responsible Authorities give licence holders early warnings of their concerns and of the need for improvement.

19.6 The Licensing Authority in considering the review may take such of the following

steps:

modification of the conditions of the premises licence the exclusion of the sale of alcohol by retail (or other licensable activities) from

the scope of the licence removal of the designated premises supervisor from the licence suspension of the licence for a period not exceeding 3 months revoke the licence

19.7 The Licensing Authority may decide that no action is necessary if it finds that the

review does not require it to take any steps necessary to promote the licensing objectives.

20.0 ADMINISTRATION EXERCISE AND DELEGATION OF FUNCTIONS 20.1 The powers of the Licensing Authority under the Act may be carried out by the

Licensing Act 2003 Committee, by a Sub-Committee or, instead, by one or more officers acting under delegated authority.

20.2 The Licensing Authority recognises its responsibilities under The Equality Act 2010. 20.3 It is considered that many of the functions will be largely administrative with no

perceived areas of contention. In the interests of efficiency and effectiveness these will, for the most part, be carried out by officers.

20.4 Where there are relevant representations applications will be dealt with by a

Sub-Committee of the Licensing Act 2003 Committee, as will any application for the Review of a licence.

20.5 The Licensing Authority will expect individual applicants to address the licensing

objectives in their operating schedule having regard to the type of premises, the licensable activities to be provided, the operational procedures, the nature of the location and the needs of the local community.

20.6 When determining applications, the Licensing Authority will have regard to any

guidance issued under Section 182 of The Licensing Act 2003. If representations are made concerning the potential for limited disturbance in a particular neighbourhood, the Licensing Authority’s consideration will be balanced against the wider benefits to the community.

20.7 In the interests of speed, efficiency and cost effectiveness, the Licensing Authority

have determined which decisions and functions should be carried out by the full Licensing Act 2003 Committee, or delegated to a Sub-Committee or Council officer.

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Appendix 1 to this Statement of Licensing Policy sets out how the Council will approach and carry out its different functions.

21.0 PROMOTION OF EQUALITY 21.1 The Licensing Authority will undertake its functions and responsibilities in accordance

with the requirements of The Equality Act 2010.

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APPENDIX A DELEGATION OF FUNCTIONS Matters to be dealt with

Full Council Licensing Act 2003 Sub-Committee

Officers

Application for personal licence

If a police objection If no objection made

Application for personal licence with unspent convictions

All cases

Application for premises licence/club premises certificate

If a relevant representative made

If no relevant representation made

Application for provisional statement

If a relevant representation made


Application to vary premises licence/club premises certificate

If a relevant representation made


Application to vary designated premises supervisor

If a police objection All other cases

Request to be removed as designated premises supervisor

All cases

Application for transfer of premises licence


Application for interim authorities


Application to review premises licence/club premises certificate

All cases

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Matters to be dealt with

Full Council Licensing Act 2003 Sub-Committee

Officers

Decision on whether a complaint is irrelevant frivolous vexatious, etc.

All cases

Decision to object when local authority is a consultee and not the relevant authority considering the application

All cases

Determination of an Environmental Health / Police objection to a temporary event notice

All cases

Statement of Licensing All cases Policy Request for implementation All cases of a Late Night Levy Request for implementation All cases of an Early Morning Restriction order

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APPENDIX B

LIST OF CONTACTS

Name and Address Telephone

Number Email Address Fax Number

Licensing Authority Town Hall Brighton Street Wallasey CH44 8ED

0151 691 8043 [email protected] N/A

Merseyside Police HQ Licensing Unit 5th Floor Canning Place Liverpool L1 8JX

0151 777 4648 [email protected] 0151 777

4619

Environmental Health Town Hall Brighton Street Wallasey CH44 8ED

0151 604 3549 [email protected] N/A

Planning Authority Development Control Wallasey Town Hall South Annexe Brighton Street Wallasey CH44 8ED

0151 606 2004 [email protected] 0151 691

8532

Wirral Safeguarding Children Partnership Hamilton Building Conway Street Birkenhead CH41 4FD

0151 666 4291 N/A 0151 666

4580

Trading Standards Wallasey Town Hall South Annexe Brighton Street Wallasey CH44 8ED

0151 691 8020 [email protected] 0151 691

8098

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Merseyside Fire & Rescue Service Wirral District Fire Safety The Fire Station Mill Lane Wallasey CH44 5UE

0151 296 4932 [email protected] 0151 296

6222

Public Health 5th Floor Marriss House Hamilton Street Birkenhead CH41 5AL

0151 666 5182 N/A N/A

Home Office Alcohol Licensing Team Lunar House 40 Wellesley Road Croydon CR9 2BY

N/A [email protected] N/A

Guidance issued under section 182 of the Licensing Act 2003 can be obtained from:

Home Office Direct Communications Unit 2 Marsham Street London SW1P 4DF

020 7035 4848 [email protected] 020 7035

4745

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Appendix C

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MINUTE EXTRACTLICENSING ACT 2003 COMMITTEE11 NOVEMBER, 2019

11 DRAFT STATEMENT OF LICENSING POLICY

The Director of Governance and Assurance submitted a report requesting the Committee to consider whether there should continue to be a Cumulative Impact Assessment applied to the area of Birkenhead which was currently referenced in the Statement of Licensing Policy.

The report also sought the Committee’s approval of the Draft Statement of Licensing Policy set out within Appendix 1 to the report in order that it may be presented to Council for approval on 9 December 2019.

The Licensing Manager informed Members that there was a statutory requirement under Section 5 of the Licensing Act 2003 for the Licensing Authority to prepare and publish a statement of Licensing Policy at least every five years and that since the first publication of the Policy in January 2005 it had been subject to three reviews, the last one being in December 2014.

Members were advised that on 5 January 2017 Merseyside Police had requested that the Licensing Authority consider adopting a Special Cumulative Impact Policy (SCIP), for an area within Birkenhead. The request had been made due to the level of crime and disorder, public nuisance, littering, street drinking, under-age drinking and anti-social behaviour believed to be resulting in part from the number of off-licence premises located in the area and this had been supported by Ward Councillors. Further to a comprehensive consultation the Licensing Authority had been satisfied that there was evidence that the number of premises in Charing Cross, Grange Road West, Grange Mount, Oxton Road and the boundary of the Town Centre licensed under the Licensing Act 2003 for the sale by retail of alcohol for consumption off the premises were cumulatively giving rise to significant problems of public nuisance and crime and disorder.

The Licensing Authority therefore resolved to introduce a Special Cumulative Impact Policy limited to Charing Cross, Grange Road West, Grange Mount, Oxton Road and the boundary of the Town Centre with effect from 10 July 2017 to apply to Premises licensed for the sale by retail of alcohol for consumption off the premises only.

The Licensing Manager reported that it was a requirement of the Licensing Act 2003 that the Licensing Policy be reviewed at least every five years and that any Cumulative Impact Assessment included within the Policy be reviewed every three years. Further to consultation four responses had been received and the comments were included within the report.

A report had been submitted by Merseyside Police providing evidence to support the retention of the Special Cumulative Impact Policy contained within the current policy. Inspector Minnery from Merseyside Police attended the meeting and addressed Members. She advised that although the Cumulative Impact Assessment had had a positive effect, street drinking was still a significant problem in Birkenhead.

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Members were informed that the cumulative impact of the number of premises selling alcohol for consumption off the premises in the SCIP area supported a high level of street drinking in the area and that street drinking continued to be a major policing issue within the SCIP area. Evidence was provided relating to the impact of street drinking on individuals and businesses, the level of alcohol related violence and alcohol related domestic violence in and directly around the SCIP area.

The statistics within the report provided by Merseyside Police highlighted the level of alcohol related violence in the areas of Birkenhead and Tranmere which immediately surround the SCIP area. The statistics showed an increase in alcohol related domestic violence. Merseyside Police had advised that there had been a drive towards the better and more effective recording of data since 2016 and that this had been a contributing factor to a higher level of recorded incidents since 2016.

A Statement was provided within the report from a Police Officer with 12 years of experience working within Birkenhead Town Centre who advised that the number of off licences in the SCIP area contributed to the opportunities provided for street drinkers to obtain alcohol. A survey undertaken by a local PCSO highlighted the concerns of local residents, businesses and Ward Councillors relating to the impact of street drinking in the area.

Members expressed their concerns in respect of the problems in Birkenhead Town Centre which included street drinking, fighting, homeless people and drug abuse. They believed that the Cumulative Impact Assessment should remain within the Statement of Licensing Policy.

Members discussed how the problem could be further addressed. The Licensing Manager advised that officers from the Licensing Department would be visiting premises to carry out inspections and subsequent to this would be holding a meeting with premises in the area to reiterate their responsibilities. Members agreed to hold an informal meeting in the new year to investigate any ways these issues may be addressed.

On a motion by Councillor L Rowlands and seconded by Councillor D Mitchell it was -

Resolved -

That:

(1) The Committee recommend to Council that there should continue to be a Cumulative Impact Assessment applied to the area of Birkenhead currently referenced in the Statement of Licensing Policy; and

(2) The Draft Statement of Licensing Policy be recommended to Council for approval.

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Appendix 1

Local Pension Board of Wirral Borough Council

Terms of Reference 1. Introduction

1.1 This document sets out the terms of reference of the Local Pension Board of Wirral Borough Council (the 'Administering Authority') a scheme manager as defined under Section 4 of the Public Service Pensions Act 2013. The Local Pension Board (hereafter referred to as 'the Board') is established in accordance with Section 5 of that Act and under regulation 106 of the Local Government Pension Scheme Regulations 2013 (as amended).

1.2 The Board is established by the Administering Authority and operates independently of the Pension Committee. Relevant information about its creation and operation are contained in these Terms of Reference.

1.3 The Board is not a committee constituted under Section 101 of the Local Government Act 1972 and therefore no general duties, responsibilities or powers assigned to such committees or to any sub-committees or officers under the constitution, standing orders or scheme of delegation of the Administering Authority apply to the Board unless expressly included in this document.

1.4 The Board shall be constituted separately from any committee or sub-committee constituted under Section 101 of the Local Government Act 1972 with delegated authority to execute the function of the Administering Authority.

2. Statement of Purpose

2.1 The purpose of the Board is to assist the Administering Authority in its role as a scheme manager of the Scheme. Such assistance is to:

a. to secure compliance with the Regulations , any other legislation relating to the governance and administration of the Scheme., and requirements imposed by the Pension Regulator in relation to the Scheme and;

b. to ensure the effective and efficient governance and administration of Merseyside Pension Fund.

c. To provide the Scheme Manager with such information as it requires ensuring that any member of the Pension Board or person to be appointed to the Board does not have a conflict of interest.

2.2 The Board will ensure it effectively and efficiently complies with the code of practice on the governance and administration of public service pension schemes issued by the Pension Regulator.

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Agenda Item 9h

2.3 The Board shall meet regularly to discharge its duties and responsibilities effectively, but not less than four times in any year. There is also the provision for special meetings to be convened at notice.

3. Scheme Manager Consents

3.1 The Board shall not:

Overturn investments decisions that have been made by the Pension Committee but may consider whether due process has been followed to validate the decision taken.

Amend the strategies prepared in compliance with section 57 to 61 of the LGPS regulations subsequent to prior consultation with it on the draft strategies and consequent approval by the Pension Committee

Consider or become involved in any specific internal dispute resolution appeal

Enter into contracts on behalf of the Administering Authority

Dismiss any members of the Pension Committee

Compromise the Pension Committee’s ability to comply with its fiduciary duty to the Pension Fund and its members.

4. Membership and Appointment Process

4.1 The Board shall consist of eight voting members to be constituted as follows:

Four employer representatives, of whom;

a. Two shall be nominated from Local Authorities, Police/ Fire/ Transport Authorities, Parish Councils

b. One from the Academies / Further/Higher Education Bodies

c. One from Admitted Bodies excluding employers admitted by virtue of undertaking a commercial contract connected to a function of a scheme employer.

4.2 Employer representatives shall be office holders or senior employees of employers of the Fund or have experience of representing scheme employers in a similar capacity. No officer or elected member of the Administering Authority who is responsible for the discharge of any function of the Administering Authority under the Regulations may serve as a member of the Board.

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4.3 Employer representatives should be able to demonstrate their capacity to attend and complete the necessary preparation for meetings and participate in training as required:

Four scheme member representatives of whom;

a. Two shall represent and be drawn from active members of the Merseyside Pension Fund;

b. Two shall represent and be drawn from pensioner and deferred members of the Merseyside Pension Fund.

4.4 The constitution of employer or employee representatives may be varied at the discretion of the Scheme Manager in order to achieve necessary representation or balance on the Board. Member representatives shall either be scheme members or have capacity to represent scheme members of the Fund

4.5 Member representatives should be able to demonstrate their capacity to attend and complete the necessary preparation for meetings and participate in training as required.

4.6 In addition one other non-voting independent member selected by the Scheme Manager, shall be appointed as Chair of the Board, with independence defined as follows:

a. Not a current elected member or employee of a participating scheme employer or an individual with a financial or other material interest in either the Administering Authority or any of its constituent employers.

b. Has not been an elected member or employee of a participating scheme employer in the past 5 years.

c. Is not an active, pensioner or deferred member of Merseyside Pension Fund

4.7 It will be the role of the Chair to:

a. Ensure that all members of the Board show due respect for process, that all views are fully heard and considered and to determine when consensus has been met, instances of a failure to reach a consensus position will be recorded and published.

b. To uphold and promote the purpose of the Board and to interpret its constitution and Terms of Reference when necessary.

c. Ensure that the Board members have the knowledge and skills as determined in the Fund's Training Policy and other guidance or legislation and maintain a training record.

d. Agree the agenda and minutes for each Board meeting with the Board Secretary (Director of Pension Fund)

e. Ensure an attendance record is maintained along with advising the Scheme Manager on expenses to be paid.

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f. Advise the Scheme Manager on any required budget for the Board. The Chair shall not incur any expenditure on behalf of the Board without seeking the prior written consent of the Scheme Manager.

g. Write reports required by Scheme Manager on the performance of the Board.

h. Liaise with the Scheme Manager on the requirements of the Board, including advanced notice for Officers to attend and arranging dates and times of Board meetings.

i. To annually review and report on the performance of the Board.

j. To respond to matters arising between meetings of the Pension Board and liaise, as appropriate, with the Director of Pensions and Head of Pensions Administration in order to provide such input as to ensure the Board effectively discharges its duties and responsibilities.

k. To discuss specifically with the Director of Pensions and/or the Head of Pensions Administration, and after due discussion and consideration, give a view upon, any Electronic Decision Notice (EDN) issued to Board members in respect of any specific breach (or likely) breach of the law identified by the Fund and notified to members of the Board in accordance with the resolution of the Wirral Pension Committee of 16 November 2015 and Section 18.3 of these Terms of Reference.

l. To assess, constructively challenge and provide comment on draft Strategy and Policy documents of the Merseyside Pension Fund which are required under the LGPS Regulations, Statutory Guidance or best practice.

m. To assess, constructively challenge and provide comment on draft responses of the Fund to Consultations issued by Government, Regulators, the Scheme Advisory Board and equivalent bodies.

4.8 The Chair’s decision on all points of order, procedure and protocol shall be final.

4.9 The appointment of the Chair by the Scheme Manager will only be made following an openly advertised competitive process for the role which shall also be subject to the passing of a motion by the Board to approve the successful candidate.

4.10 Members of the Board shall only be appointed after all employers or members from the respective employer section or membership cohort have been invited to put forward nominations or expressions of interest.

4.11 Successful employer and employee representatives will be selected by the Scheme Manager having taken account of their capacity to represent other scheme employers and members, attend meetings and undertake extensive training.

4.12 Members in all categories will only be appointed by the Scheme Manager if they commit to acquire the knowledge and skill requirement set out in the relevant regulations and guidance, as defined in section 8 of this document.

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5. Length of term

5.1 Members of the Board will serve for a minimum term of four years which can be extended for a further term subject to the agreement of the Scheme Manager; thereafter the formal appointment process will apply.

5.2 In recognition of the complexity of pension legislation and to assist with knowledge development and retention, the initial term of office for one of the two active member representatives shall be six years and one of the two employer representatives of the local authorities, Police/Fire Transport authorities and Parish Council shall be six years.

5.3 Other than as a result of retirement at the expiry of this period the term of office will come to an end ;

a. For employer representatives who are councillors if they cease to hold office as a councillor and can no longer demonstrate the capacity to represent the specific employer category or there is disagreement from within the section;

b. For employer representatives who are not councillors, when they cease to be employed by the employing body where they were employed on appointment and can no longer demonstrate the capacity to represent the specific employer category or there is disagreement from within the section

c. For scheme member representatives if they cease to be a member of the relevant member group and can no longer demonstrate capacity to represent scheme members.

5.4 Each Board member should endeavour to attend all Board meetings during the year. Substitute members are not permitted due to the nature of the Board as a supervisory body and the need for appropriate knowledge and skills and the management of conflicts of interest.

5.5 Members of the Board shall cease to be a member of the Board if they do not attend two consecutive meetings and fail to tender apologies which are accepted by the Board.

5.6 In event of the independent member not being available for a Board meeting, a Vice Chair for that meeting will be determined by the Board members.

5.7 The removal of the independent member requires the consent of the Scheme Manager.

6. Quorum

6.1 A meeting is only quorate when at least 4 employer or employee representatives are present with at least 1 present from either category.

6.2 A meeting may commence at the discretion of the Independent Chair, without a quorum, but any decisions will be non-binding.

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6.3 A meeting that becomes inquorate may continue but any decisions will be non-binding

7. Code of Conduct and Conflicts of Interest

7.1 The principles included in the Council’s Code of Conduct for members apply to all members of the Board set out in the Constitution of the Council. Conflicts of interest shall be managed taking account of the requirements set out in the Council’s constitution, best practice defined in the Scheme Advisory Board’s statutory guidance and the Pension Regulator’s Code of Practice 14: Governance and Administration of public service pension schemes.

8. Board Review Process

8.1 The Board will undertake each year a formal review process to assess how well it and its members are performing with a view to seeking continuous improvement in the Board’s performance.

9. Advisers to the Board

9.1 The Board may be supported in its role and responsibilities through the appointment of advisers as agreed with the Scheme Manager. In addition the Board will have access to the officers of Merseyside Pension Fund and where considered appropriate access to the advisers to the Pension Fund.

10. Knowledge and Skills

10.1 A member of the Board must be conversant with – a. The legislation and associated guidance of the Local Government

Pension Scheme (LGPS).

b. Any document recording policy about the administration of the LGPS which is for the time being adopted by the Merseyside Pension Fund.

10.2 A member of the Board must have knowledge and understanding of -a. The law relating to pensions, and

b. Any other matters which are prescribed in regulations.

10.3 It is for individual Board members to be satisfied that they have the appropriate degree of knowledge and understanding to enable them to properly exercise their functions as a member of the Board.

10.4 In line with this requirement Board members are required to be able to demonstrate their knowledge and understanding and to refresh and keep their knowledge up to date. Board members are therefore required to maintain a written record of relevant training and development.

10.5 Board members will undertake a personal training needs analysis and regularly review their skills, competencies and knowledge to identify gaps or weaknesses.

10.6 Board members will comply with the Scheme Manager’s training policy.

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10.7 The knowledge and skills required by the Independent Chair will be more developed than those expected of other members of the Board. This will include, to the satisfaction of the Scheme Manager at the time of appointment, detailed knowledge and understanding of LGPS issues across all of Governance, Actuarial/Funding, Pensions Administration and Investment.

10.8 The Independent Chair shall ensure the maintenance and ongoing development of knowledge, understanding, capacity and ability to continue to discharge his/her role and responsibilities under these Terms of Reference and any other regulatory or guidance requirements throughout the term of office, to the satisfaction of the Scheme Manager.

11. Board Meetings – Notice Minutes and Reporting

11.1 The Scheme Manager shall give notice to all Board members of every meeting of the Board, and shall ensure that all papers are published on Wirral Borough Council’s Website at least 5 working days prior to each meeting. These may at the discretion of the Scheme Manager be edited to exclude items on the grounds that they would either involve the likely disclosure of exempt information as specified in Part 1 of Schedule 12A of the Local Government Act 1972 or it being confidential for the purposes of Section 100A(2) of that Act and/or they represent data covered by the Data Protection Act 1998.

11.2 The Scheme Manager shall ensure that a formal record of Board proceedings is maintained.

11.3 The Board shall on an annual basis produce a report on both the nature and effect of its activities for consideration by the Scheme Manager. The contents of this annual report will be subject to consideration and agreement at a meeting of the Board, but should include as a minimum:

a. Details of the attendance of members of the Board at meetings,

b. Details of the training and development activities provided for members of the board and attendance at such activities;

c. Details of any recommendations made by the Board to the Scheme Manager and the Scheme Manager's response to those recommendations;

d. Details of the costs incurred in the operation of the Board

11.4 The Board in considering items of business at its ordinary meetings shall in relation to each item consider whether it wishes to make a recommendation to the Scheme Manager, to which the Scheme Manager shall respond at the subsequent meeting.

12. Remit of the Board

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12.1 The Board must assist the Scheme Manager with the primary core function in securing compliance with the regulations, any other legislation relating to the governance and administration of the Scheme, and requirements imposed by the Pensions Regulator.

12.2 This involves but is not limited to oversight and comment on :

a. Review regular compliance monitoring reports which shall include reports to and decisions made under the Regulations by the Committee.

b. Review management, administrative and governance processes and procedures in order to ensure they remain compliant with the Regulations, relevant legislation and in particular the Code.

c. Review the compliance of scheme employers with their duties under the Regulations and relevant legislation.

d. Assist with the development of and continually review such documentation as is required by the Regulations including Governance Compliance Statement, Funding Strategy Statement and Investment Strategy Statement.

e. Assist with the development of and continually review scheme member and employer communications as required by the Regulations and relevant legislation.

f. Monitor complaints and performance on the administration and governance of the scheme.

g. Assist with the application of the Internal Dispute Resolution Process.

h. Review the complete and proper exercise of Pensions Ombudsman cases.

i. Review the implementation of revised policies and procedures following changes to the Scheme.

j. Review the arrangements for the training of Board members and those elected members and officers with delegated responsibilities for the management and administration of the Scheme.

k. Review the complete and proper exercise of employer and administering authority discretions.

l. Review the outcome of internal and external audit reports.

m. Review draft accounts and Fund annual report.

n. Review the compliance of particular cases, projects or process on request of the Committee.

o. Any other area within the statement of purpose (i.e. assisting the Administering Authority) the Board deems appropriate

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12.3 The secondary core function of the Board is to ensure the effective and efficient governance and administration of the Scheme and may determine the areas it wishes to consider including but not restricted to :

a. Assist with the development of improved customer services.

b. Monitor performance of administration, governance and investments against key performance targets and indicators.

c. Review the effectiveness of processes for the appointment of advisors and suppliers to the Administering Authority.

d. Monitor investment costs including custodian and transaction costs.

e. Monitor internal and external audit reports.

f. Review the risk register as it relates to the scheme manager function of the authority.

g. Assist with the development of improved management, administration and governance structures and policies.

h. Review the outcome of actuarial reporting and valuations.

i. Assist in the development and monitoring of process improvements on request of Committee.

j. Assist in the development of asset voting and engagement processes and compliance with the UK Stewardship Code

13. Standards of Conduct

13.1 The role of the Board members requires the highest standards of conduct and therefore the “seven principles of public life” as defined within the Council Constitution will be applied to all Pension Board members and embodied in their code of conduct.

13.2 These principles are –

Selflessness

Integrity

Objectivity

Accountability

Openness

Honesty

Leadership

14. Decision making

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14.1 Each employer and member representative of the Board will have an individual voting right but the Independent Chair is explicitly excluded from having the right to vote in accordance with regulation 106 (7) of the LGPS Regulations 2013. It is expected the Board will as far as possible reach a consensus.

15. Publication of Pension Board information

15.1 Stakeholders of the Scheme will want to know that the Merseyside Pension Fund is being efficiently and effectively managed. They will also want to be confident that the Board is properly constituted, trained and competent in order to comply with scheme regulations, the governance and administration of the scheme and requirements of the Pension Regulator.

15.2 Up to date information will be posted on the Merseyside Pension Fund website showing:

a. The names, contact details and other relevant information about the Board members

b. How the scheme members are represented on the Board

c. The responsibilities of the Board as a whole

d. The full terms of reference and policies of the Board and how they operate

e. Details of the Pension Board appointment process

f. Any specific roles and responsibilities of individual Board members.

15.3 The Scheme Manager will also consider requests for additional information to be published or made available to individual scheme members to encourage scheme member engagement and promote a culture of openness and transparency.

16. Accountability

16.1 The Board will be collectively and individually accountable to the Scheme Manager.

17. Expense Reimbursement and Remuneration

17.1 All members of the Board shall, on the production of relevant receipts be reimbursed for travel and subsistence expenses they have incurred in the conduct of their duties as a member of the Board, including attendance at relevant training and development activities.

17.2 Members of the Board shall be reimbursed a mileage allowance for use of their own car at the rate prescribed by the Inland Revenue from time to time as adopted by Wirral Borough Council.

17.3 The Independent Chair, and Employer and Employee representatives will receive a fee determined by the Scheme Manager with reference to

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comparable roles in the LGPS. These shall be paid in arrears and increased annually by the Consumer Price Index.

18. Reporting Breaches

18.1 Where any breach of legislation or duties is committed or is alleged to have been committed by the Pension Committee, the Board shall:

a. As soon as reasonably possible of the potential breach meet with the Committee

b. Ask the Committee Chair to explain the actions taken and provide evidence of the legitimacy of the action taken

c. Consider the matter on the facts available and evidence provided by the Committee Chair and refer it back to Committee to reconsider and correct any areas of concern or breaches of duty or

d. Determine that no breach of duty has taken place

18.2 If it is decided that a breach has occurred, the Board shall (as required by the Code of Practice and the Pensions Act 2004)

a. Report the breach to the Monitoring Officer and Section 151 Officer and take prompt and effective action to investigate and correct the breach and its causes and, where appropriate, notify any affected members:

b. The Board may report concerns to the LGPS Scheme Advisory Board for consideration subsequent to, but not instead of, using the appropriate internal route for escalation.

c. Where prompt and effective action to remedy the breach has not been taken report the breach as a breach of material significance to the Pension Regulator and the whistleblowing provisions set out in the Administering Authority’s whistle blowing policy..

18.3 In accordance with the resolution of the Pension Committee of 16 November 2015 an Electronic Decision Notice (EDN) will be sent to each member of the Board in respect of whether or not to report a specific breach (or likely breach) identified by Fund Officers to the Regulator.

18.4 As per Regulation 106(6) and subject to the terms within this document, the Pension Board shall have the power to do anything to facilitate or is conducive to the discharge of any of its functions.

19. Interpretation

19.1 Any uncertainty or ambiguity or interpretation required relating to any matters contained in this document shall be resolved by reference to the Scheme Manager.

20. Definitions

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20.1 The undernoted terms shall have the following meaning when used in this document:

“Pension Board” or “Board” Means the local Pension Board for Wirral Borough Council as administering authority for the Merseyside Pension Fund required under the Public Service Pensions Act 2013

”Scheme Manager” Means Wirral Borough Council as administering authority of the Merseyside Pension Fund.

“Chair” The individual responsible for chairing meetings of the Board and guiding its debates

“LGPS” The Local Government Pension Scheme as constituted by the Local Government Pension Scheme Regulations 2013, the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014, the Local Government Pension Scheme (Amendment) (Governance) Regulations 2015 and The Local Government Pension Scheme (Management and Investment of Funds) Regulations 2009

“Scheme” Means the Local Government Pension Scheme as defined under “LGPS”

These Terms of Reference shall be reviewed on each material change to that part of the Regulations covering local pension boards.

These Terms of Reference were adopted following approval by Council on 9 December 2019.

………………………………………………………….Signed on behalf of the Administering Authority

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…………………………………………..Signed on behalf of the Board.

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MINUTE EXTRACTPENSIONS COMMITTEE4 NOVEMBER, 2019

41 PENSION BOARD TERMS OF REFERENCE

A report of the Director of Pensions informed members of proposed revisions to the Terms of Reference for Wirral Council’s Local Pension Board and requested that these be recommended to full Council for adoption. The revised Terms of Reference were attached as appendix to the report.

The report outlined that in early 2015, Wirral Council’s Pension Board had been established in accordance with statutory requirements prescribed within the Public Service Pension Act 2013 and the Local Government Pension Scheme (Governance) Regulations 2015. The intent had been to provide assurance that all public service pension schemes and individual LGPS Funds were managed effectively with a properly constituted, trained and competent Pension Board monitoring compliance with legislation and best practice standards.

The Director of Pensions reported that the Board had operated effectively since July 2015 when it was implemented and assisted Wirral Council, the administering authority, in its role as the Scheme Manager of the Scheme in Merseyside. The Pension Regulator had increased its oversight of the Local Government Pension Scheme and instigated a number of initiatives to assist it in engaging more widely. As a consequence of this, the role of the Local Pension Board had expanded to encapsulate these and related activities. Matters arose throughout the year and, although were considered at Board meetings, it was not infrequently the case that an immediate response was required and this fell to the Independent Chair who provided guidance to the Board in terms of comment, challenge and a response to officers. The Chair also prepared and presented a report of the Board’s activities to Pensions Committee annually and participated in the Annual Employers Conference. These matters were reflected in the additional responsibilities set out in section 4.7, points j - m, of the appendix to the report. An amendment to section 6 (Quorum) was also recommended to assist in the operation of the Board.

The Director of Pensions reported that when Committee had last considered the operation of the Pension Board, a review of remuneration of Pension Board representatives had been requested by the Chair in view of the greater number of meetings that were being undertaken. The Board’s current Terms of Reference linked remuneration to allowances paid to the Chair of Pensions Committee. This had proved to be a hindrance to a review of remuneration because meetings the Council’s Remuneration Panel had been repeatedly postponed over the past year or so. It was also apparent that this mechanism was not suited to the Board which was not a committee constituted under Section 101 of the Local Government Act 1972 and therefore no general duties, responsibilities or powers assigned to such committees or to any sub-committees or officers under the constitution, standing orders or scheme of delegation of the Administering Authority applied to the Board. It had become clear that it would be better if remuneration was aligned with comparable Pension Board roles within the LGPS and as agreed with the Scheme manager. In light of the

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increased workload and responsibilities, it was proposed that, with effect from 1 April 2019, the remuneration of the Independent Chair is set at £10,000 p.a. and increased annually by the Consumer Price Index (CPI). No change in the level of remuneration for the Employer and Employee representatives was proposed but it was recommended that these allowances have a similar link to CPI. The draft Terms of Reference, attached as an appendix to the report, had been revised to reflect these changes.

The Chair of the committee placed on record his acknowledgement of the work of the Chair of the Local Pensions Board and indicated that Wirral Council was fortunate to have such a Chair of this calibre.

Resolved - That the Pensions Committee recommends the revisions to the Pension Board’s terms of reference to full Council for adoption into the Council’s constitution.

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