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Agenda and minutes

Venue: Council Chamber, Civic Offices, Elstree Way, Borehamwood

Contact: Ms Rehill, Democratic Services  020 8207 7423

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Items
No. Item

314.

Communications and Apologies for Absence

(a)            Communications by the Mayor (if any) relating to business on the agenda.

 

(b)            Apologies for absence.

 

(c)        Any motions by Members relating to the order of business on the agenda.

Additional documents:

Minutes:

Apologies for absence had been received from Councillors Choudhury, P Hodgson-Jones, Lambert, A Sachdev and Wayne.

315.

Declarations of Interest (if any)

Members are required to declare any Disclosable Pecuniary Interests they or their spouse/partner have in any matter which is to be considered at this meeting. Members must also declare any other pecuniary or non-pecuniary interests they have in any matter to be considered at this meeting. The responsibility for declaring an interest rests solely with the member concerned. 

 

Members must clearly state to the meeting the existence and nature of any Disclosable Pecuniary Interest, other pecuniary interest or non-pecuniary interest and the agenda item(s) to which it/they apply.

 

Disclosable Pecuniary Interests are prescribed by the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 as follows:

 

a. Employment, office, trade, profession or vocation

 

Any employment, office, trade, profession or vocation carried on for profit or gain.

 

b. Sponsorship

 

Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by a member in carrying out duties as a member, or towards your election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

 

c. Contracts

 

Any contract which is made between the relevant person (or a body in which the relevant person has a beneficial interest) and the relevant authority— (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged.

 

d. Land

 

Any beneficial interest in land which is within the area of the relevant authority.

 

e. Licences

 

Any beneficial interest in land which is within the area of the relevant authority.

 

f. Corporate tenancies

 

Any tenancy where (to the member’s knowledge) - (a) the landlord is the relevant authority; and (b) the tenant is a body in which the relevant person has a beneficial interest.

g. Securities

 

Any beneficial interest in securities of a body where – (a) that body (to the member’s knowledge) has a place of business or land in the area of the relevant authority; and (b) either (i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or (ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

 

In cases of Disclosable Pecuniary Interest, Members must withdraw from the meeting room while the matter is being considered.

 

Additional documents:

Minutes:

Councillor Bright declared an Other Pecuniary Interest, as a Council-appointed Studios Board Director in receipt of an allowance, regarding the Notice of Motion on Elstree Film Studios.

 

Councillor Bright declared a Non-pecuniary Interest, as having previously received hospitality from the Club, regarding the Borehamwood Football Club item.

 

Councillor Clapper declared a Non-pecuniary Interest, as having previously received hospitality from the Club, regarding the Borehamwood Football Club item.

 

Councillor Morris declared a Non-pecuniary Interest, as a Council-appointed Studios Board Director, regarding the Notice of Motion on Elstree Film Studios.

 

316.

Minutes pdf icon PDF 271 KB

To confirm and sign the ATTACHED minutes of the Full Council meeting held on 26 September 2018.

 

In accordance with the Constitution no discussion shall take place upon the minutes, except upon their accuracy.

Additional documents:

Minutes:

RESOLVED that the minutes of the Council meeting held on 26 September 2018 be approved and signed as a correct record, with the following amended wording at Minute 230:

“Councillor Bright proposed that all outstanding business be referred to the next Ordinary Full Council meeting. Councillor R Butler proposed that an Extraordinary Meeting of the Council be held to consider all outstanding business. Following a vote of each proposal Councillor R Butler’s proposal fell and Councillor Bright’s proposal passed.

It was therefore resolved to defer all outstanding business to the next meeting of the Full Council.”

317.

Announcements by the Mayor

To receive such announcements as the Mayor may decide to make to the Council.

Additional documents:

Minutes:

The Mayor thanked all Councillors for attending the Civic Service and participating in the Borough’s Remembrance Day events. The Mayor also reported that over £650 had been raised at her recent Charity Quiz Night.

Councillors Goldstein and M Sachdev arrived.

Additional documents:

318.

Questions from Members of the Public pdf icon PDF 62 KB

To deal with the ATTACHED 2 questions received from members of the public in accordance with Council Procedure Rule 10.

 

Additional documents:

Minutes:

2 questions had been received from members of the public.

 

Ms Woods had submitted a question regarding Sullivan Way Community Centre. In Ms Woods’ absence, the Mayor asked that a written response be sent.

 

Councillor Cook of Colney Heath Parish Council had submitted a question regarding Hertsmere Garden Village. The Planning & Localism Portfolioholder responded that the Council was currently consulting the public and relevant stakeholders (including Colney Heath Parish Council) on potential housing and employment locations within the borough to help inform the Local Plan. Hertsmere Council had made no decisions on whether any of the proposed sites, and whilst a new stand-alone settlement was an option which many residents wanted considered, there were others who objected to it - particularly residents in the London Colney / Colney Heath area. This was not the only site that had been submitted for consideration and the final decisions on which sites would be designated for future development would be in 2020 as part of the Local Plan approval process. In a supplementary question, Councillor Cook queried the decisions of the Member Planning Panel regarding the site. The Portfolioholder responded that the Panel had no decision-making power, so no decisions had been made and nor was there an agreed principle for the site to be a garden village or other development.

319.

DECISION REPORT: Adoption of Statement of Licensing Policy 2018-2023 pdf icon PDF 127 KB

The ATTACHED report recommends the adoption of the Licensing Act 2003 Statement of Licensing Policy 2018-2023.

Additional documents:

Minutes:

The meeting considered report C/18/37 regarding the Statement of Licensing Policy.

 

It was moved by Councillor Donne and seconded by Councillor Davis that the recommendation set out in the report be agreed.

 

Following a debate and vote, the report recommendation was AGREED.

 

RESOLVED that the Licensing Act 2003 Statement of Licensing Policy 2018-2023 be adopted.

The meeting was adjourned for 25 minutes during the course of the following item.

Additional documents:

320.

DECISION REPORT: Adoption of Gambling Act 2005 Statement of Principles pdf icon PDF 142 KB

The ATTACHED report recommends adopting the Gambling Act 2005 Statement of Principles 2018 – 2021.

Additional documents:

Minutes:

The meeting considered report C/18/38 regarding the Gambling Act 2005 Statement of Principles.

 

It was moved by Councillor Donne and seconded by Councillor Davis that the recommendation set out in the report be agreed.

 

Following a debate and vote, the report recommendation was AGREED.

 

RESOLVED that the Gambling Act 2005 Statement of Principles 2018 – 2021 be adopted.

321.

DECISION REPORT: Boreham Wood Football Club pdf icon PDF 159 KB

The ATTACHED report recommends a proposed discount for a new 30 year lease.

Additional documents:

Minutes:

The meeting considered report C/18/41 regarding the Borehamwood Football Club lease.

 

It was moved by Councillor Graham and seconded by Councillor Clapper that the recommendation set out in the report be agreed.

 

Following a debate and vote, the report recommendation was AGREED.

 

RESOLVED that the proposed discount as recommended by the Executive in relation to the £25,000 per annum market rent for a new 30 year lease, based on the community benefit provided by the club (as detailed in appendix 1 to the report) be approved.

322.

DECISION REPORT: Terms of Reference - Shareholders Panel for Hertsmere Development Ltd (HDL) and Associated Matters pdf icon PDF 273 KB

The ATTACHED report recommends approval of the Terms of Reference.

Additional documents:

Minutes:

The meeting considered report C/18/36 regarding approval of the terms of reference for the Shareholders Panel.

 

It was moved by Councillor Newmark and seconded by Councillor Worster that the recommendation set out in the report be agreed.

 

Following a debate and vote, the report recommendation was AGREED.

 

RESOLVED that the Terms of Reference for a Shareholders Panel for Hertsmere Development Limited (HDL) and associated matters (Appendix A to the report) be approved and the Monitoring Officer be authorised to update the Council’s Constitution accordingly.

Councillor Donne left the Chamber during the following item.

Additional documents:

323.

DECISION REPORT: Annual Report on the Formal Complaints by the Council's Customers - 2017/2018 pdf icon PDF 172 KB

To note the ATTACHED annual update on complaints received.

Additional documents:

Minutes:

The meeting considered report C/18/39 regarding the formal complaints statistics for 2017/18.

 

It was moved by Councillor Bright and seconded by Councillor Graham that the recommendations set out in the report be agreed.

 

Following a debate and vote, the report recommendations were AGREED.

 

RESOLVED that

(i)            the detailed report of internal formal complaints received by the Council during the year 1 April 2017 and 31 March 2018 be noted.

(ii)          the breakdown of cases received by the Local Government Ombudsman in the same period and referred to the Council for response be noted.

Councillor Donne returned to the Chamber during the following item.

Additional documents:

324.

DECISION REPORT: Statement of accounts pdf icon PDF 168 KB

To note the ATTACHED audited Statement of Accounts 2017/18, which were approved by Audit Committee on 30 July 2018.

 

*** To reduce paper waste, appendix 1 is circulated electronically only. ***

Additional documents:

Minutes:

The meeting considered report C/18/40 regarding the audited Statement of Accounts.

 

It was moved by Councillor Graham and seconded by Councillor S Hodgson-Jones that the recommendation set out in the report be agreed.

 

Following a debate and vote, the report recommendation was AGREED.

 

RESOLVED that the audited Statement of Accounts 2017/18 (Appendix 1 to the report), which were approved by Audit Committee on 30 July 2018, be noted.

 

325.

OUTSTANDING BUSINESS from 26 September 2018 Full Council: Councillor Questions submitted to 24 January 2018 Full Council pdf icon PDF 312 KB

20 Councillor Questions were submitted to January 2018 Full Council, as per the ATTACHED list of Questions and their corresponding answers.

Additional documents:

Minutes:

20 questions had been submitted to January 2018 Full Council. The following supplementary questions, arising from the questions and answers circulated on the agenda, were asked:

 

CQ1 – Councillor Newmark asked if resources were available for homelessness. The Portfolioholder responded that resources were in place.

 

CQ2 – Councillor Newmark asked if the £100k spent by the Commissioner had not been a waste of money. The Leader replied that he supported the emergency services.

 

CQ4 – Councillor Newmark asked the Leader to join him on a volunteer-shift this Christmas with the Hertfordshire Independent Living Services. The Leader replied that he would do so and thanked the Services for their work over December 2018.

 

CQ5 – Councillor Newmark asked about the Council’s response to the Government consultation on Fairer Funding. The Portfolioholder replied that the answer was as circulated on the agenda.

 

CQ8 – Councillor R Butler asked when would Borough-wide research take place regarding Bushey Country Club. The Portfolioholder replied that the current Local Plan consultation had complicated matters.

 

CQ9 – Councillor R Butler asked who had leaked the information onto social media. The Leader replied that the social media feeds showed who had been involved.

 

CQ11 – Councillor RZ Butler asked for the updated temporary accommodation figures. The Portfolioholder replied they had dropped to 2 and since risen to 15.

 

CQ12 – Councillor RZ Butler asked for the final vacancy figures for 2017-18. The Portfolioholder replied that 1 shop had become vacant in October 2018 for which negotiations were underway and would send her a written response.

 

CQ14 – Councillor Vince asked why 10 months had passed with no build despite being told it was a 12 week turnaround for the Crown Road units. The Leader replied that recent reports and minutes on the initiative set out the current position.

 

CQ16 – Councillor Vince asked for a response from the former Mayor. The Leader replied that this was not a current matter.

 

CQ17 – Councillor Vince asked which Portfolio now oversaw streetmarkets. The Portfolioholder replied that it was the Community and Economic Development Portfolio.

 

CQ18 – Councillor Vince asked when the Real Bingo car park lifts would be better maintained. The Portfolioholder agreed to check the status and provide a written response.

 

CQ19 – Councillor Newmark asked why the Reviva issue had not been moved on to the Secretary of State. The Portfolioholder replied that the Environment Agency had statutory responsibility for the matter. Nevertheless the Council continued to pursue all its lawfully available options.

 

CQ20 Councillor Newmark queried the lines of responsibility for the Reviva site. The Leader replied that the Council did not have the legal powers implied by Councillor Newmark and should not be blamed for matters outside of its responsibility. Nevertheless the Council would continue to mediate with all parties and he encouraged people to complain direct to the Environment Agency, who did have the legal responsibility for this matter.

326.

OUTSTANDING BUSINESS from 26 September 2018 Full Council: Notice of Motion submitted to 24 January 2018 Full Council

To note that no Notices of Motions were received from Members for 24 January 2018 Full Council.

Additional documents:

Minutes:

No Notices of Motions were received from Members for 24 January 2018 Full Council.

327.

OUTSTANDING BUSINESS from 26 September 2018 Full Council: Councillor Questions submitted to 28 February 2018 Full Council pdf icon PDF 245 KB

5 Councillor Questions were submitted to February 2018 Full Council, as per the ATTACHED list of Questions and their corresponding answers.

Additional documents:

Minutes:

5 questions had been submitted to February 2018 Full Council. The following supplementary question, arising from the questions and answers circulated on the agenda, was asked:

 

CQ25 – Councillor Vince asked why previous Dave Rankin recipients had not been engaged with regarding community safety issues.  In the Portfolioholder’s absence, the Leader responded that anyone with community safety concerns, especially if urgent, must contact the Police straightaway.

328.

OUTSTANDING BUSINESS from 26 September 2018 Full Council: Notices of Motion submitted to 28 February 2018 Full Council

To note no Notices of Motion were received from Members for 28 February 2018 Full Council.

Additional documents:

Minutes:

No Notices of Motions were received from Members for 28 February 2018 Full Council.

329.

OUTSTANDING BUSINESS from 26 September 2018 Full Council: Councillor Questions submitted to 25 April 2018 Full Council pdf icon PDF 354 KB

7 Councillor Questions were submitted to April 2018 Full Council, as per the ATTACHED list of Questions and their corresponding answers.

Additional documents:

Minutes:

7 questions had been submitted to April 2018 Full Council. The following supplementary questions, arising from the questions and answers circulated on the agenda, were asked:

 

CQ27 – Councillor Newmark asked for examples of when the Leader had approached the Government for funds. The Leader replied he did not have an example.

 

CQ30 – Councillor Newmark asked how the Council was working with London boroughs. The Portfolioholder replied that London boroughs were invited to Duty to Cooperate meetings but did not attend due to their London-centric priorities.

330.

OUTSTANDING BUSINESS from 26 September 2018 Full Council: Notices of Motion submitted to 25 April 2018 Full Council pdf icon PDF 74 KB

2 Notices of Motion, as ATTACHED, were submitted to April 2018 Full Council.

Additional documents:

Minutes:

Motion 1

The meeting did not consent to Councillor Vince’s request to alter her Motion on Notice concerning Gender-based discrimination and Elstree Film Studios.

 

Councillor Vince, seconded by Councillor RZ Butler, moved the following Motion:

Council notes:

1.     Elstree Film Studios (EFS) is constructed as an arm’s length Teckal company.

2.     This means that the EFS is wholly owned by this Council.

3.     This also means that EFS receives and utilises public funds and benefits from exemption from local government procurement process. 

4.     One of the conditions for EFS enjoying this status is that the authority exercises substantially the same degree of control over the company as it would exercise over one of its internal departments.

5.     All of the Councillors who act as Directors of EFS (and receive additional allowances as a consequence) are currently drawn from the Conservative Group.

6.     Hertsmere’s duties under the Equality Act (2010).

7.     Hertsmere’s own policies on discrimination based upon gender.

8.     EFS is currently home to the £100m Netflix series The Crown.

9.     Producers of The Crown recently disclosed that Claire Foy, who plays the Queen, was paid less than her co-star Matt Smith during the first two seasons of the drama.

Council believes:

1.      EFS plays a vital role in the local economy and without the £1.4m pa. revenue it generates for this Council Hertsmere would be unable to balance its books.

2.     It is a positive step forward that series producers of The Crown have agreed to rectify this gender based inequality in the future.  (Foy will not be appearing in the new series.)

3.     In addition to making money for the Council and the area, as a wholly owned asset of the Council EFS should also reflect the values of this Council.

4.     Discrimination based upon gender is never acceptable.

Council resolves:

1.     To take steps to ensure that no other existing occupants of EFS discriminate on this basis.

2.     To require all future occupants to sign a contractual commitment that they will not discriminate directly or indirectly on the basis of any of the nine protected characteristics recognised in the Equality Act (2010), namely: age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity.

3.     To seek advice from the Equalities and Human Rights Commission about the duties of this Council, and Council nominated Directors in ensuring that EFS and its occupants adhere to the Equalities Act 2010; and to publish any such advice.

4.     The seek advice from the Equalities and Human Rights Commission about the duties of this Council (and where relevant its nominees) in respect of other related companies, subsidiaries, regular contractors involved in delivering public services and other relevant third parties including Hertsmere Leisure.  Any such advice is to be published.

5.     To include Equalities monitoring in the regular quarterly governance reports submitted to this Council by EFS. “

Following debate, the Motion was put to the vote and it was  ...  view the full minutes text for item 330.

331.

OUTSTANDING BUSINESS from 26 September 2018 Full Council: Councillor Questions submitted to 18 July 2018 Full Council pdf icon PDF 274 KB

13 Councillor Questions were submitted to July 2018 Full Council, as per the ATTACHED list of Questions and their corresponding answers.

Additional documents:

Minutes:

13 questions had been submitted to July 2018 Full Council. The following supplementary questions, arising from the questions and answers circulated on the agenda, were asked:

 

CQ33 – Councillor R Butler asked why there were unsponsored roundabouts. The Portfolioholder responded that only one roundabout out of eight had been unsponsored but he would check the current status and send a written reply.

 

CQ34 – Councillor R Butler asked why some roundabout sponsorboards had fallen down and not maintained. The Portfolioholder replied that the sponsorboard may not be Council-owned but he would check the current status and send a written reply.

 

CQ35 – Councillor R Butler asked for a written reply on how much income the roundabout sponsorboards had generated and could it be increased.

 

CQ43 – To Councillor Newmark’s question on his Community Fund, the Portfolioholder responded that he had personally created the Fund from the Members Allowances he personally received. He administered the Fund himself and welcomed any colleagues who also wished to contribute their personal income. In a supplementary question, Councillor Newmark asked for the criteria for the Fund. The Portfolioholder replied that he could have either declined his personal Allowance or accepted it and used it as he personally saw fit; he had done the latter and used it to the benefit of Hertsmere, as it was a personal and not a Council fund, and invited fellow Councillors to join him in doing likewise.

332.

OUTSTANDING BUSINESS from 26 September 2018 Full Council: Notices of Motion submitted to 18 July 2018 Full Council pdf icon PDF 116 KB

1 Notice of Motion, ATTACHED, was submitted to 18 July 2018 Full Council.

Additional documents:

Minutes:

As it was after 10.30pm when the meeting reached this item, consideration of it was referred to the next ordinary meeting of the Council.

333.

Report of the Leader of the Council pdf icon PDF 70 KB

The Leader make an oral report on the ATTACHED list of items. 

 

The Constitution provides for a maximum of 45 minutes for questions and answers, once the Leader has made their report. Within those 45 minutes the Leader of the largest Opposition Group may speak immediately after the Leader, on matters related to the Leader’s report, for the same length of time as the Leader’s presentation or for 10 minutes, whichever is the greater.

Additional documents:

Minutes:

As it was after 10.30pm when the meeting reached this item, consideration of it was referred to the next ordinary meeting of the Council.

334.

Reports of Committee Chairs pdf icon PDF 72 KB

The Chairs of the Licensing and Audit Committees will make an oral report on the ATTACHED list of items. 

 

The Constitution provides for a maximum of 15 minutes in total for this item, including responses to any questions arising.

Additional documents:

Minutes:

As it was after 10.30pm when the meeting reached this item, consideration of it was referred to the next ordinary meeting of the Council.

335.

Report of the Chair of the Operations Review Committee pdf icon PDF 71 KB

The Chair of the Operations Review Committee will make an oral report on the ATTACHED list of items. 

 

The Constitution provides for a maximum of 15 minutes for the Chair to make their report and respond to any questions arising.

Additional documents:

Minutes:

As it was after 10.30pm when the meeting reached this item, consideration of it was referred to the next ordinary meeting of the Council.

336.

Updates from Outside Bodies

VERBAL updates are to be provided by Members serving as representatives on the following outside bodies:

 

-       Elstree and Borehamwood Museum - Councillor G Silver

-       Hertfordshire Waste Partnership - Councillor Quilty

-       Arsenal Steering Group - Councillor Clapper

-       Oakmere Youth & Community Centre Management Committee - Councillor Lyon.

 

The Constitution provides for up to 2 minutes per update, followed by responses to any questions arising.

Additional documents:

Minutes:

As it was after 10.30pm when the meeting reached this item, consideration of it was referred to the next ordinary meeting of the Council.

337.

Questions from Members of the Council pdf icon PDF 64 KB

To deal with the ATTACHED 8 Questions received from Members in accordance with Council Procedure Rule 11.

Additional documents:

Minutes:

The questions were not reached within the time limit provided in the Council Procedure Rules and therefore fell.

338.

Notices of Motion

No Notices of Motions received from Members in accordance with Council Procedure Rule 12.

Additional documents:

Minutes:

There was no business under this item.

339.

Date of Next Meeting

The next meeting is scheduled for 23 January 2019.

 

Additional documents:

Minutes:

The next meeting was scheduled for 23 January 2019 at 7.30pm.