Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Only decisions taken after 5th March 2012 will be included in this search

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Decisions published

30/07/2020 - Purchase of Fleet Vehicles (10 cage tipper vehicles) - Award of Contract ref: 4349    Recommendations Approved

Decision Maker: Delegated Executive Decisions

Made at meeting: 30/07/2020 - Delegated Executive Decisions

Decision published: 31/07/2020

Effective from: 08/08/2020

Decision:

(Director of Customer and Commercial Services)

 

Summary

 

Consideration was given to the purchase of 10 no. cage tipper fleet vehicles, which was in line with South Lakeland District Council’s current capital replacement vehicle programme. The vehicles would be used for street cleansing, emptying litter bins, picking up fly tipping, delivery of bins and boxes and general use.

 

South Lakeland District Council’s vehicle replacement programme was included within the Capital Programme and replacement of vehicles after seven years was the optimum period that provided for the disposal of vehicles in advance of the vehicle life costs outweighing the capital cost of replacement. 

 

As part of the tender preparation process the team tested and assessed two electric vehicles. The vehicles were considered not to be suitable as they would require re-charging during the day and they did not have sufficient range for the daily mileage.

 

Note – The valuation was detailed in Appendix 1 in Part ll of the Agenda which was excluded from inspection by members of the public in accordance with Section 100B(2) of the Local Government Act 1972, copies of the appendix to this report are excluded from inspection by members of the public as they contain information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows:-

 

- Information relating to the financial or business affairs of any particular

person (including the authority holding that information). (Paragraph 3)

 

Decision

 

(1)        To approve the award of the contract for purchase of the 10 No. fleet vehicles for Streetscene to the recommended bidder as noted in Part II Appendix 1; and

 

(2)        That the Director of Customer and Commercial Services in conjunction with the specialist procurement officer and Lead Specialist Legal Governance and Democracy  enter into the appropriate contract on behalf of the Council with the successful bidder.

 

Reasons for Decision

 

The proposal ensures that the delivery of the service will continue and it will help reduce the maintenance and service costs for the service and provide a reliable fleet of vehicles to help the service run effectively.

 

Alternative Options Considered and Rejected

 

To not purchase new vehicles and to run the existing fleet. This was not recommended as it would inevitably lead to increase in maintenance and servicing costs and would provide an ageing fleet which would be less reliable. Reliability of vehicles was key to the streetscene department with collections expected on set days.

 

To lease as opposed to buy new vehicles. This was not recommended with the increase pressure on the revenue budget that this would likely bring. It also meant that any servicing and maintenance would not be undertaken in house which could lead to issues in terms of vehicles being available for set rounds on set days.  

 

Another alternative option was to not award a contract to the recommended bidder in this procurement exercise.  This was not considered a preferred option because the recommended bidder met the necessary criteria to proceed as set out in the analysis in the Part II appendix.

 

 


30/07/2020 - New IT System for Development Management ref: 4348    Recommendations Approved

Decision Maker: Delegated Executive Decisions

Made at meeting: 30/07/2020 - Delegated Executive Decisions

Decision published: 31/07/2020

Effective from: 08/08/2020

Decision:

(Director of Strategy, Innovation and Resources)

 

Summary

 

Consideration was given to the award of a contract for a replacement IT System which would cover the following Council functions: Planning; Building Control; Land Charges, Community Infrastructure Levy; Planning Policy; and Section 106 Agreements.

 

The existing system had been in operation for many years and did not have all the functionality required to support the changing way of working within South Lakeland District Council, such as remote working or connectivity to a Digital Platform, which was being implemented as part of the Customer Connect transformation programme. In addition the existing system was no longer being developed by the present supplier.

 

A procurement process was undertaken to replace the system with more up to date and modern software, which would allow new ways of working to be implemented. The system would need to be developed by the supplier to integrate into the Corporate Digital Platform.

 

Eden District Council were in the same position as South Lakeland District Council and as such, the requirement specifications produced and procurement process had been undertaken jointly.

 

Note – The valuation was detailed in Appendix 1 in Part ll of the Agenda which was excluded from inspection by members of the public in accordance with Section 100B(2) of the Local Government Act 1972, copies of the appendix to this report are excluded from inspection by members of the public as they contain information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows:-

 

- Information relating to the financial or business affairs of any particular

person (including the authority holding that information). (Paragraph 3)

 

Decision

 

To award the contract for Development Management and associated software to the preferred bidder identified in the Part II Appendix to the report, for a contract term of five years with an optional two year extension.

 

Reasons for Decision

 

The proposal ensures that delivery of the Council functions covered by the system will continue to be improved by the use of improved technology and continual improvement to operational processes as described in the Customer Connect programme.

 

Alternative Options Considered and Rejected

 

To use an alternative procurement framework or to select a different preferred supplier. This was not recommended as the procurement exercise and analysis had identified the preferred supplier on the chosen framework.

 

To do nothing. This was not a viable option as South Lakeland District Council would be unable to deliver the necessary changes to support new ways of working and continuous improvement of processes as described as part of the Customer Connect programme.


28/05/2020 - Planning Application No. SL/2020/0061 - Library Road Car Park, Library Road, Kendal ref: 4341    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 28/05/2020 - Planning Committee

Decision published: 27/07/2020

Effective from: 28/05/2020

Decision:

Creation of a new pedestrian entrance and path to Nobles Rest (Kendal Civic Society).

 

Note – All Members of the Planning Committee were considered to have a personal, non-pecuniary interest in this item by virtue of the fact they were Members of South Lakeland District Council and some Members were also Kendal Town Councillors. The Planning Committee Members were not biased or predetermined and remained in the meeting, taking part in the discussion and voting on the item.

 

Note – The Planning Officer’s presentation displayed at the meeting had been circulated to Members and displayed on the Council’s Website on the day before the meeting.

 

The Planning Officer presented Planning Application No. SL/2020/0061 which sought planning permission for the creation of a new pedestrian entrance and path to Nobles Rest, Kendal, which was within Kendal’s Conservation Area. The application proposed a new footpath connecting Nobles Rest to the town centre which would be designed to meet the needs of those with mobility restrictions.

 

The Planning Officer displayed plans and photographs which outlined the proposals and stated that the applicant had described Nobles Rest as a ‘hidden gem’. He outlined the current access points to Nobles Rest and explained that the proposed new access would pass through an enclosed area of woodland. The new access would follow two paths through the trees; one would incorporate steps to navigate the changes in level and the second path would weave its way around the trees and would be free of steps and accessible to those with mobility restrictions.

 

The Planning Officer drew Members’ attention to the trees within the application site and he displayed further photographs. He explained that the site contained a small group of deciduous trees mainly ash, birch and sycamore. He informed Members that the applicant had indicated that no trees would be lost during the construction of the path, however, that the Council’s Arboriculturalist was of the opinion that some trees would be lost and he considered that the application lacked detail. The applicant had been reluctant to commission a more detailed arboricultural impact assessment at this stage and had asked if the matter could be addressed by a condition on any planning permission granted. The Arboriculturalist had further advised the Planning Officer that although the existing group of trees contributed positively to the immediate character of the area, their overall life expectancy was limited by their constrained growing environment. Furthermore the ash trees within the group were suffering from ash dieback and would have to be removed as soon as their condition presented a safety risk. The Planning Officer advised Members that overall it was considered that there would be short-term harm associated with tree loss, however it was proposed that a condition be recommended which would require further agreement to a landscaping scheme to include new tree planting and retention of existing trees where practicable. 

 

In concluding his presentation the Planning Officer stated that the loss of trees would cause harm to the significance of the Conservation Area, however, it would be less than substantial harm in the terms established by the National Planning Policy Framework (NPPF). In addition the public benefits would be significant, with the proposed path encouraging increased pedestrian access to one of the town’s important green spaces. The Planning Officer concluded that, in the long term, the proposals would certainly preserve, and probably enhance, the character of the Kendal Conservation Area, consistent with the Council’s obligation under section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

The Planning Officer responded to questions raised by Members and informed Members that cycling was prohibited in Nobles Rest and therefore the proposed path was not intended for use by cyclists. In response to a question regarding the adequacy of the current signage, the Planning Officer confirmed that an informative could be included within the conditions.

 

Note – at this point in the proceedings the Chairman was advised that Planning Committee Member, Councillor Judy Filmore, Ward Councillor for Ulverston West and representing the Green Party, had become disconnected from the meeting. The meeting adjourned at 10.33 a.m. The meeting reconvened at 10.38 a.m., however, Councillor Filmore still having not been re-connected to the meeting, a further adjourned was proposed and seconded. The meeting adjourned at 10.39 a.m. The meeting reconvened at 10.45 a.m. when Councillor Filmore confirmed that she was able to see (where practicable) and hear all Members participating in the meeting and that she had not missed any of the presentation or discussion thus far.

 

The Planning Officer responded to further questions raised by Members and outlined the opportunities for biodiversity enhancements which included minimising tree loss and planting of replacement trees and new planting which aimed to achieve a net gain in biodiversity.

 

Members thanked the Planning Officer for the detailed and comprehensive report and the excellent presentation. Members gave consideration to the proposals and were fully supportive of the application. Members acknowledged that the applicant would be required to complete a bat survey of the trees and to submit, as outlined in the conditions, an aboricultural assessment of the impact of the proposed paths.

 

A motion to approve the application was proposed and seconded and a vote was taken on the application during which all Planning Committee Members confirmed that they had, without interruption, heard the full presentation and discussion on the item and it was

 

RESOLVED – That Director Customer and Commercial Services be delegated authority to grant planning permission subject to:-

 

a.         completion of a bat survey of the trees and the incorporation of any necessary mitigation into additional planning conditions. If the survey proves that bats are present and that suitable mitigation is not possible in the context of the scheme as currently proposed then the application will be returned to the Planning Committee for further instructions; and

 

b.         the following conditions:-

 

Condition (1)   The development hereby permitted shall be commenced before the expiration of THREE YEARS from the date hereof.

 

Reason            To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition (2)   The development hereby permitted shall be carried out in accordance with the following approved plans:

           Location Plan, 468/LP01

           Site Plan as Proposed, 468/SP01D

           Plans Existing & Proposed, 468/01D

 

Reason            For the avoidance of doubt and in the interests of proper planning.

Landscaping

 

Condition (3)   No development shall commence until a soft landscaping scheme has been submitted to, and approved in writing by, the local planning authority. The scheme shall include details of: (i) planting plans; (ii) existing trees to be retained (based upon a further arboricultural assessment of the impact of the proposed paths); (iii) written specifications and schedules of proposed plants noting species, planting sizes and proposed numbers/densities; (iv) an implementation timetable; and (v) a schedule of landscape maintenance proposals for a period of not less than five years from the date of completion of the scheme. Thereafter, the approved landscaping scheme shall be implemented and maintained in accordance with the agreed details and timetables.

 

Reason            To ensure compliance with: (1) South Lakeland Core Strategy policies CS8.6 (Historic Environment) and CS8.10 (Design); and (2) policies DM1 (General Requirements for all development), DM2 (Achieving Sustainable High Quality Design), DM3 (Historic Environment) and DM4 (Green and Blue Infrastructure and Open Space) of the South Lakeland Development Management Policies Development Plan Document.

 

Biodiversity

 

Condition (4)   No development shall commence until a scheme demonstrating an environmental net gain in biodiversity associated with the proposed development, including management proposals for the lifetime of the development, has been submitted to, and approved in writing by the local planning authority. The scheme must be prepared in the context of the relevant advice in the Government’s Planning Practice Guidance and any other relevant best practice, and must incorporate the “Measures to enhance biodiversity” contained within the BIODIVERSITY ASSESSMENT – PHASE 1 HABITAT SURVEY REPORT, January 2020. Thereafter, the site shall be implemented and maintained in accordance with the approved scheme.

 

Reason            To meet the requirements of: (1) policy DM4 (Green and Blue Infrastructure, Open Space, Trees and Landscaping) of the of the South Lakeland Development Management Policies Development Plan Document; (2) paragraph 170 of the National Planning Policy Framework.; and (3) section 40 of the Natural Environment and Rural Communities Act 2006.



22/07/2020 - Update on Appointments ref: 4329    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020

Decision:

The Leader invited Councillor Tom Harvey, Leader of the Opposition, to advise of changes in appointments to the Shadow Cabinet.

 

Councillor Pat Bell having recently replaced Councillor Janette Jenkinson as Shadow Cabinet Member (Health, Wellbeing and Financial Resilience Portfolio), Councillor Harvey welcomed Councillor Bell, saying that she would bring a tremendous amount to the group.

 

The Leader took the opportunity both to welcome Councillor Bell to her first Cabinet meeting and to express, on behalf of Cabinet, thanks to Councillor Jenkinson for her commitment as a Shadow Portfolio Holder over many years.  Councillor Jenkinson had played a great part in offering both support and challenge at Cabinet meetings and her contribution would be missed.

 

In addition, the Leader referred back to the last meeting of the Cabinet at which approval had been given to the establishment of the Lancaster and South Cumbria Joint Committee and the appointments of himself and Councillor Robin Ashcroft to that Committee (CEX/28 (2020/21) refers).  The Council was also required to appoint a named substitute from its Executive to that Committee and he, therefore, wished to nominate Councillor Jonathan Brook for this role.

 

There being no dissent, it was

 

RESOLVED – That Councillor Jonathan Brook be appointed as the Council’s Substitute Member on the Lancaster and South Cumbria Joint Committee.


22/07/2020 - A590 Cross-a-Moor Junction Improvement ref: 4334    For Determination

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020


22/07/2020 - Council Tax Discretionary Relief Policy ref: 4336    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020

Decision:

Summary

 

The Finance and Resources Portfolio Holder referred to approval by Cabinet on 20 May 2020 of an Interim Council Tax Discretionary Relief Policy to distribute the Council Tax hardship grant made available by the Government, not specific to Covid-19.  Public consultation had been carried out on the proposed policy, and the report provided details on the response.

 

The Council Tax Discretionary Relief Policy was a permanent Council Policy, and would allow the granting of additional Council Tax support where hardship could be shown.  It supplemented the Council’s Council Tax Reduction Scheme approved in February 2020.

 

The Overview and Scrutiny Committee had given consideration to the Council Tax Discretionary Relief Policy at its meeting on 17 July 2020.  No additional comments had been raised.  The Finance and Resources Portfolio Holder, however, referred to consultation on the Policy and to a response from Age UK South Lakeland.  They felt that consideration needed to be made as to a client’s ability to resume paying their full Council Tax liability following the period of discount applied for and, in addition, sought more information as regards the proposed methods of making residents aware of the scheme, with older people potentially being excluded from additions to websites/social media updates/emails.

 

Members expressed support for the proposal and the fact that South Lakeland District Council was one of only a handful of authorities offering 100% relief was raised.

 

The Leader, having thanked the Finance and Resources Portfolio Holder and Finance Team for their work, asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED – That the Council Tax Discretionary Relief Policy be recommended to Council for approval.

 

Reasons for Decision

 

This scheme contributes towards working across boundaries to deliver sustainable communities, creating balanced communities and reducing inequalities so no one is left behind.

 

Alternative Options Considered and Rejected

 

The scheme could be amended to increase, or reduce, discretion in making awards.  This would vary the assistance to be awarded.  The proposed scheme gives a balance between awarding additional relief and the cost of relief awarded.


22/07/2020 - Draft Medium Term Financial Plan 2020/21 - 2025/26 ref: 4337    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020

Decision:

Summary

 

The Finance and Resources Portfolio Holder provided a highly detailed presentation on the draft Medium Term Financial Plan (MTFP). The Plan was a key element of the Council’s corporate planning framework to ensure that the Council had sufficient financial resources in the short to medium-term to deliver its statutory responsibilities and its Council Plan priorities.

 

Due to the impact of Covid-19, the report included high-level projections based on the information available as at early July 2020.  The situation was changing significantly and quickly.  The projections would be regularly reviewed and reported during the 2021/22 budget preparation process.  The Council was required by statute to set a balanced budget in February 2021.

 

Based on current projections within the report, the impact of Covid-19, combined with budget deficits reported in February 2020, meant that the Council would need to find revenue savings (including potential additional income) of between £1m and £1.5m to set a balanced budget for 2021/22.  Further recurring savings of £1m would need to be identified by February 2022.

 

Due to reasonable General Fund balances and reserves at the start of the pandemic, robust financial management practices and a good track record in achieving efficiency savings, the Council was in a positive financial position overall compared to many local authorities, but now had a substantial challenge to correctly predict and then offset the budget deficit.

 

The MTFP, once approved, would form the basis of the budgets to be prepared during the remainder of 2020/21 for approval in February 2021.  However, the MTFP and the Budget Strategy provided only the broad framework; individual decisions, particularly the level of Council Tax, would be approved during the budget process based on the latest projections available.

 

Options to balance the budget in both the short and medium term will be prepared for the 2021/22 Budget to be approved in February 2021 and for the 2022/23 Budget to be approved in February 2022.  The size of the projected deficits might require solutions that would take some time to identify and implement.  It would be important to ensure adequate consultation on proposals was carried out.  The Commissioning Strategy would be used to identify how the resources of the Council could be used to improve outcomes for South Lakeland residents in the most efficient, effective, equitable and sustainable way.

 

Overall, the Council’s financial position had been weakened significantly by Covid-19, despite robust financial management processes and a good track record in achieving efficiency savings.  There were challenging times ahead to identify and decide upon options that would provide the solution to remaining revenue deficits.

 

The Overview and Scrutiny Committee had given consideration to the MTFP at its meeting on 17 July 2020 when a number of comments had been raised, details of which the Finance and Resources Portfolio Holder provided, including a suggestion for a workshop for all Members to ideas on how to address deficits.

 

The Finance and Resources Portfolio Holder closed, stressing that the report highlighted the prudential management of the Council’s finances over the past decade and drawing attention to and thanking the Finance Team for its exceptionally hard work.

 

Members expressed thanks to the Finance and Resources Portfolio Holder for his clear presentation, acknowledging the challenging times ahead and the tough decisions that would have to be made moving forward.

 

The Leader, again thanking the Finance and Resources Portfolio Holder and officers for their work, asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED – That

 

(1)        the comments from the Overview and Scrutiny Committee be noted;

 

(2)        the proposed Medium Term Financial Plan at Appendix 1 to the report be noted; and

 

(3)        the draft Medium Term Financial Plan 2020/21 – 2025/26 be recommended to Council for approval.

 

Reasons for Decision

 

The MTFP indicates the resources available to fund the Council Plan and how these resources will be allocated.

 

Alternative Options Considered and Rejected

 

The assumptions forming the MTFP could be amended.  This is not recommended, as the proposals are regarded as the most appropriate option when considered against the need to secure financial resilience and deliver the Council Plan priorities.


22/07/2020 - Cumbria Action for Sustainability (CAfS) Two Year Contract Award ref: 4332    For Determination

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020

Decision:

Summary

 

The Climate Emergency and Localism Portfolio Holder introduced the report which referred to the Council having declared a Climate Emergency and having a target to achieve a zero carbon Cumbria by 2037.  As well as looking at the Council’s own operations, activities and sphere of influence, achieving this target also involved commissioning work with communities and businesses to ensure that everyone played their part in meeting the target.  Cumbria Action for Sustainability (CAfS) was a locally based organisation with strong expertise both in carbon reduction and in working with communities and businesses to reduce their carbon footprint.  CAfS had worked with the Council for many years on carbon reduction and sustainability initiatives.

 

The report sought authorisation for continued funding for a further two years.  The outcome of the funding would enable CAfS to deliver an exemplar project to achieve a zero carbon Ambleside, including measures to help both businesses and residents reduce their carbon footprint.  The proposal also included measures to disseminate knowledge across South Lakeland.  In assisting Ambleside to become Carbon neutral, the proposal would have direct benefits in terms of carbon reduction and would put in place experience and learning for others which, in combination, would make a significant contribution to achieving District, County and national carbon reduction targets.

 

The report provided details regarding the previous funding agreement and what has it had delivered.  The Council had funded CAfS since 2014, and the most recent agreements for the period 2018 to 2020 had been for £50,000 per annum for community energy support.  In 2019/20, a new project with trial funding of £50,000 had been set up, called “Low Carbon Communities in South Lakeland”.  The aim was to look at how communities as a whole could establish targets to become carbon neutral and work towards achieving them, with Ambleside being selected as an exemplar.

 

With regard to what was proposed, CAfS had asked to extend Low Carbon Communities in South Lakeland for a further two years.  In addition to the £50,000 per annum which was the current level of support, a further £50,000 was requested on a one-off basis for 2020 to 2021, specifically to widen the scope of the initiative to cover support for businesses as well as communities.  The key deliverables were:-

 

           working up options and managing feasibility work on new local renewable systems (in exemplar community) (£28,600).

           carbon footprint and carbon reduction support for businesses (£25,700);

           events programme – for communities, businesses and those with an interest in low carbon homes and to disseminate learning from exemplar (£14,300).

           establishing Community Knowledge Hub (£7,600); and

           advising South Lakeland District Council and Cumbria Leaders on Zero/Low Carbon transition (£24,000).

 

If approved, the agreement would set out the deliverables to be met in detail, the conditions and requirements to be met, the reporting requirements and the timing of payments.  This would protect the Council’s position and performance would be monitored to ensure that deliverables are delivered and value for money achieved.

 

In response to a query, the Leader and Promoting South Lakeland Portfolio Holder suggested that the Climate Emergency and Localism Portfolio Holder liaise with officers in order to make arrangements for a presentation to Members by CAfS on what had been delivered to date and what was proposed to be delivered with this award.

 

The Leader asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED – That

 

(1)        approval be given for the award of a contract to CAFS of £100,000 in 2020/21 and £50,000 in 2021/22 to continue and deliver the Low Carbon Communities in South Lakeland Initiative, to be funded £100,000 from the £50,000 growth items in the 2020/21 and 2021/22 approved budget agreed by Council on 25 February 2020 and £50,000 from the National Non-Domestic Rate Pooling Reserve; and

 

(2)        the Director of Strategy, Innovation and Resources be authorised to conclude the appropriate agreement in consultation with the Legal Governance and Democracy Lead Specialist (Monitoring Officer) and Finance Lead Specialist (Section 151 Officer).

 

Reasons for Decision

 

The Council Plan adopted in December 2019 sets a strategic priority of meeting the challenge of Climate Change as well as the following actions:-

 

               Working with partners to develop energy saving and energy efficiency initiatives.

               Providing energy advice and additional support to households at risk of fuel poverty.

               Implementing the Cumbria Public Health Strategy (To become a “carbon neutral” County and to mitigate the likely impact of existing climate change).

               Promoting environmental technologies and the green economy.

               Working to achieve a carbon neutral South Lakeland.

               Promoting sustainable and active transport including cycling and walking.

               Conserving and enhancing the biodiversity of the District.

 

The Council has also adopted a corporate policy on Climate Change which sets out a range of measures to reduce greenhouse gas emissions in South Lakeland.  Cabinet on 18 March 2020 recommended the amendment of the policy to adopt a target for South Lakeland District Council to become Carbon Neutral by 2030 and to support a target for a carbon neutral Cumbria by 2037.

 

Alternative Options Considered and Rejected

 

The Council could chose not to fund the CAfS proposal and this would result in a saving and/or the potential to spend the money on other projects.

 

However, such a course of action would result in a loss of momentum and risk completion of the significant progress made in the exemplar community together with reputational risk in terms of the Council’s commitment to the Climate Change issue.  The proposal is about empowering communities and businesses to go forward and develop and implement their own measures to address climate change.  The energy, goodwill and enthusiasm of local communities and the voluntary sector would be significantly reduced.

 

The significant value which the Council derives from CAfS’ extensive expertise in terms of advice and support in developing energy efficiency measures would have to be sourced from elsewhere.  Continued well informed and locally based advice is essential to the delivery of our carbon reduction targets.

 

For these reasons the option of not funding is not recommended.

 

Another option would be to agree to part fund the initiative, up to £50,000 per annum for two years, as budgeted for in the Council’s approved 2020/21 budget. This would however mean that a lot of the work which we want to do with businesses will not be delivered. Engaging the business community and the visitor economy in particular, is essential to delivering on our carbon reduction targets.  This option is not recommended.

 

Another option would be to offer a single year agreement, to include £50,000 from the approved budget and the additional £50,000 from the NNDR Pooling Reserve.  This option would enable work to continue and to include the work with businesses in the current year.  It would reserve a future decision on support in 2021/22.   As work to address climate change requires progressive and sustained activity, this option is not recommended.

 

A further option would be to seek another organisation to deliver the required outcomes; for the reasons set out in paragraph 7.1 of the report, this option is not recommended.


22/07/2020 - Introduction of Pavement Licences - Business and Planning Bill 2020 ref: 4331    For Determination

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020

Decision:

Summary

 

The Economy, Culture and Leisure Portfolio Holder explained that when the report had been drafted, the Business and Planning Bill had been proceeding through the House of Commons and that, at the time, the functions were to be the responsibility of the Executive.

 

Since then, the Bill had proceeded through the House of Lords on 20 July 2020 and an amendment to the Bill had been agreed by the House of Lords to provide that functions relating to pavement licences were not the responsibility of the Executive.  The Local Government Association has supported this amendment.

 

The position on the Government website was that the Bill with the House of Lords amendments had been considered by the House of Commons on 21 July 2020.  The status of the Bill was that it was at the “ping pong” stage where amendments were being considered.

 

The Economy, Culture and Leisure Portfolio Holder thanked officers for their work on the policy and the report.  He informed Members that he would work with officers to consider the implications of the further amendments made by the House of Lords relating to the needs of disabled people in considering pavement licences, smoke free seating conditions, off sales amongst other matters.

 

The Economy, Culture and Leisure Portfolio Holder proposed, therefore, that the report be withdrawn and that officers be requested to consider the appropriate non-executive decision making route, either as an urgent item to be considered at the next Council meeting or, alternatively, through the emergency non-executive decision route to address the changes now proposed from this being an Executive function to a Non-Executive function.  The reason for this so that we are prepared as a Council for the date this Bill receives Royal Assent.

 

The Leader asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED - That

 

(1)        the report be withdrawn; and

 

(2)        officers be requested to consider the appropriate non-executive decision making route, either as an urgent item to be considered at the next Council meeting or, alternatively, through the emergency non-executive decision route.

 

Reasons for Decision

 

To prepare for the date on which the Bill receives Royal Assent.

 

Alternative Options Considered and Rejected

 

None at this stage as the report was withdrawn.


22/07/2020 - Council Plan Performance Monitoring Quarter 1 2020/21 ref: 4330    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020

Decision:

Summary

 

The Leader and Promoting South Lakeland Portfolio Holder presented an update report on progress with the current Council Plan for Quarter 1 of 2020/21.  Monitoring the success of the Council Plan demonstrated improvements and ensured that Council services addressed the needs of residents in an open and transparent way.  The Council was committed to delivering high quality, cost-effective services that met the needs of residents and improved quality of life.  The performance management process helped the Council to demonstrate how well it was doing.

 

The measures listed within the report showed very good performance, demonstrating that South Lakeland was a very desirable place to live, work and explore.  However, in line with the national trend and the influence of Covid-19, the number of homeless households living in temporary accommodation was increasing.

 

The report also included the Council’s Strategic Risk Register.  Following a review of the Strategic Risks for Quarter 4 2019/20, it could be seen that 65% of risks were now above tolerance.  This significant change was due to the pressures brought about by Covid-19.

 

In presenting the report, the Leader and Promoting South Lakeland Portfolio Holder stressed the fact that, past performance, whilst good, was not a good guide for the future.  As a result of the shock on society and the economy of Covid-19, a new state had been entered, and he referred to the rise in unemployment and in Universal Credit claims, the fact that South Lakeland had one of the highest furlough rates in the country, the suffering hospitality industry and the closure of many shops.  The Council was engaged in doing what it could to address these issues.  The Leader and Promoting South Lakeland Portfolio Holder also referred to the impact of the pandemic on the Council’s strategic risks and the serious increase in those risks which was being carefully monitored.  Of the greatest concern was the impact on the district’s most vulnerable people, the importance of welfare reform and the resultant poverty which could come from unemployment and hardship.

 

The Leader and Promoting South Lakeland Portfolio Holder informed Members that the report had also been considered by the Overview and Scrutiny Committee at its meeting on 17 July 2020.  At that meeting, the need to ensure there were training opportunities and support for young people at college or leaving school had been raised, with Covid-19 having caused mental strain and stress.  In addition, it had been suggested that the strategic risks should be monitored on a weekly basis.

 

During discussion, the Leader and Promoting South Lakeland Portfolio Holder undertook to provide information, at the Council meeting on 28 July 2020, the mechanism of reporting to all Members movements on the Strategic Risks.

 

Members talked about those people who faced hardship within South Lakeland, attention being drawn to the fact that people were now also suffering in the more affluent areas of the district, such as Windermere, as well as in rural communities.  Attention was drawn to the need to be reactive and to the work being carried out by the Department of Work and Pensions and the Citizens’ Advice Bureau.  The Leader and Promoting South Lakeland Portfolio Holder suggested discussing with the Department of Work and Pensions the potential for the Council to assist in facilitating claims.  The Health, Wellbeing and Financial Resilience Portfolio Holder agreed, also acknowledging a comment regarding the need to be mindful of those without access to the internet and who were unable to access the Citizens’ Advice Bureau offices in Kendal, Windermere and Ulverston.  The Leader and Promoting South Lakeland Portfolio Holder re-emphasised that this was a very serious situation which raised the question of whether a poverty emergency should be declared.

 

The Leader asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED – That the following be noted:-

 

(1)        the Summary of Performance as detailed in the report; and

 

(2)        the detailed risks information contained within Appendix 1 to the report.

 

Reasons for Decision

 

The report is directly linked to the Council Plan commitment to ensure that the Council is equipped to provide the best, most cost effective services.  Details regarding performance monitoring are published in line with the Council’s latest Performance Management Framework.

 

Alternative Options Considered and Rejected

 

None – the purpose of the report is to receive a performance update.  The Council must note successes, monitor progress and take action where appropriate.


22/07/2020 - Commissioning Strategy 2020 ref: 4333    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020

Decision:

Summary

 

The Finance and Resources Portfolio Holder introduced the report which explained that commissioning was the whole cycle of how the Council’s services, programmes, projects and partnerships were planned, designed, developed, delivered, managed, evaluated and terminated.  The Commissioning Strategy set out the Council’s commitment to improving outcomes for local people through effective, integrated commissioning.  It would ensure a co-ordinated approach within the organisation which would respond to the will and ambition set out in the Council Plan.  It was complementary to the Council’s existing Sustainable Procurement and Commissioning Strategy and would take precedence in so far as it referred to commissioning.  The Finance and Resources Portfolio Holder pointed out, however, that the Procurement Strategy was also being updated to ensure that it reflected the key elements of commissioning within it, including aspects of Social Value.  The Commissioning Strategy set the framework for how the Council used the total resources available to it in order to improve outcomes for South Lakeland residents in the most efficient, effective, equitable and sustainable way.  It would ensure that robust performance management arrangements were in place, enabling the Council to monitor expectations of outcomes from commissioning and allow it to monitor the environmental and social value relative to resources invested to evaluate impact, identify ways to improve performance and enhance the performance of existing activities.

 

The Strategy, which had been prepared to be in compliance with existing legislation, formed part of the Council’s Budget and Policy Framework and, further to CEX/33 (2021/21) had been considered by the Overview and Scrutiny Committee and the Finance and Resources Portfolio Holder informed Cabinet of the comments raised at that meeting.

 

The Finance and Resources Portfolio Holder added that, in order to align with the new Commissioning Strategy, it would be proposed, in approving the document, that the Council’s Monitoring Officer make a number of resulting amendments to the Council’s Constitution, as outlined in Appendix 2 to the report.

 

The Leader asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED – That the Commissioning Strategy 2020 be recommended to Council for approval.

 

Reasons for Decision

 

The decision links to the Council Plan, seeking continuous improvement in what we do, ensuring that our actions address the needs of South Lakeland.

 

Alternative Options Considered and Rejected

 

The Council’s Commissioning Strategy is a critical element of its transformation and supports the delivery of the Council Plan priorities and outcomes.


22/07/2020 - Cumbria Choice Based Lettings Allocations Policy Review ref: 4335    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020

Decision:

Summary

 

In the absence of the Deputy Leader and Housing and Innovation Portfolio Holder, the Principal Specialist (People) presented the report, which explained that approval of the Cumbria Choice Based Lettings Allocations Policy, operation of which had begun in May 2011, would ensure that there was greater clarity for households in South Lakeland who were currently registered for social housing or who might register in the future.  The proposed Policy would help to ensure that there was a consistent and fair approach amongst registered providers with regard to letting homes in South Lakeland to meet the greatest housing needs.  The revisions would meet legislative changes relating to the Homelessness Reduction Act 2017 and resultant Statutory Guidance.  It was expected that the proposed changes would simplify the operation of the policy to the benefit of all who use it and to customers.

 

At CEX/32 (2020/21), Cabinet had been informed of the detailed consultation which had already taken place, following which a number of changes had been required to the Policy to satisfy legislative change, reduce any ambiguities in the operation of the policy so it was applied consistently and fairly and to ensure greater clarity and simplicity.  At that meeting, an approach for local consultation in South Lakeland had been approved in order to provide further opportunity for comments from stakeholders.

 

Details of the extensive local consultation were provided within the report, the outcome of which  had been considered by an Overview and Scrutiny Working Group on 6 July and then by the full Overview and Scrutiny Committee on 17 July 2020, and the Principal Specialist (People) provided details.  In response to a request from the Leader, she undertook to collate a copy of the questions raised, together with responses, prior to the Council meeting on 28 July 2020.  Also raised by the Leader was the need for a housing training session for all Members.

 

Attention was drawn to the fact that this was a common Allocations Policy, the Cumbria Choice Based Lettings being a partnership comprising the six housing authorities in Cumbria and eight housing associations, all partners had to seek approval from their respective organisations to enable the revised Policy to be published by September.

 

The Principal Specialist (People) responded to questions raised by Members, explaining that the Local Connection Policy applied to people with close relatives in the area, as well as those with a need to move into the locality due to employment within the area.  She informed Members that the Council’s Housing Options Team worked closely with the Probation Service to find housing solutions for those recently released from prison.  The Principal Specialist (People) confirmed that the revised document would have regard to the points mentioned during consultation.  She explained that there had been an increase in active applicants for housing due to the impact of Covid-19.  With regard to the breakdown of figures and household make-up, she reported that 46% related to single applicants, 16% to couples without children and 38% to families with children, representing approximately 7,592 people in total.  The Leader felt that there was need for clarification and clearer language in this regard moving forward and felt that the situation emphasised the need for affordable housing for rent in South Lakeland, adding his disappointment at developers who built less than the 35% target set by the Council.

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) undertook to ensure that the comments raised by the Overview and Scrutiny Committee were passed on to the Cumbria Choice Based Lettings Board also that the questions and answers from the meeting of the Overview and Scrutiny Committee held on 17 July were forwarded to all Members prior to the Council meeting on 28 July 2020.

 

The Leader asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED – That the draft Cumbria Choice Based Lettings Allocations Policy be recommended to Council for approval.

 

Reasons for Decision

 

The proposed amendments to the policy will assist in meeting the Council Plan priority to provide ‘Homes to Meet Need’.

 

Alternative Options Considered and Rejected

 

Members could choose not to recommend approval of the amended policy or request many additional or substantive changes.  This is not recommended as the updates recommended will provide a clearer policy and one which is responding to legislative changes outlined in 3.3 of the report.  If substantial changes are to be considered by the Project Board then this could significantly delay implementation of the revised policy, which could then risk legal challenge by not responding to the legislative change outlined in 3.3 and 7.4 of the report.


22/07/2020 - Tenancy Strategy Update 2020 ref: 4338    For Determination

Decision Maker: Cabinet

Made at meeting: 22/07/2020 - Cabinet

Decision published: 24/07/2020

Effective from: 01/08/2020

Decision:

Summary

 

In the absence of the Deputy Leader and Housing and Innovation Portfolio Holder, the Housing Strategy and Delivery Specialist introduced the report which explained that the South Lakeland District Council Tenancy Strategy as published jointly with Eden District Council in 2013 gave Registered Providers, i.e. housing associations, a steer on how they should implement their policies relating to flexible tenancies and affordable rents and ensure that the Council’s view was taken into account.  The Council was required by the Localism Act 2011 to review the Strategy and publish any modifications.

 

Following a review, the report was being presented for consideration and approval of a proposed modification in the draft Tenancy Strategy Update 2020 alongside reaffirming current recommendations.

 

The Council had been working in partnership with Eden District Council to review the Strategy.  Both Districts shared similarities in terms of rurality, demographics and affordability.  A joint Tenancy Strategy gave Registered Providers a consistent approach in a wider area that would be helpful in preparing their own tenancy policies.

 

The only modification being proposed as a result of the Review was to protect the Council’s more rural areas from the ‘Voluntary Right to Buy’ (‘VRTB’) should the Government decide to roll it out nationally.  The proposed modification reflected the current regulations on Right to Buy and Right to Acquire in minimising the impact of loss of housing on rural areas.  The current regulations protected homes in designated rural areas from the Right to Buy and the Right to Acquire.

 

The Council could protect such rural properties by use of Section 106 planning agreements.  However, modifying the Tenancy Strategy in the way proposed meant that RPs in this area must have regard to the recommendation and provided clarity on the Council’s position.

 

The report contained details on the consultation carried out to date and the Housing Strategy and Delivery Specialist drew attention to the fact that Eden District Council had already approved the modification.  The Overview and Scrutiny Committee had given consideration to the Tenancy Strategy Update 2020 at its meeting on 17 July 2020 the Housing Strategy and Delivery Specialist informed Members of the comments raised at that meeting.

 

During discussion, reference was made to the latest Voluntary Right to Buy pilot scheme in the Midlands and to the very different, rural nature of both South Lakeland and Eden.  Concerns were raised regarding changes in planning law, the definition of an affordable house and the high number of people seeking social housing within the district. Members expressed support for the amendment and felt that the document provide hope for the future.

 

The Leader, having thanked the Housing Strategy and Delivery Specialist for her presentation and work, as well as that of the Team, read out the proposal and asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED – That the Tenancy Strategy Update 2020 be approved.

 

Reasons for Decision

 

Housing is one of the Council’s four key priorities.  The Tenancy Strategy Update 2020 supports the key objectives of ‘Delivering a balanced community’ and ‘Reducing income and health inequalities’.

 

Alternative Options Considered and Rejected

 

Without this proposed modification, it is possible that the impact of the scheme could be managed to a certain extent by way of Section 106 planning agreements and RPs will have to apply to the Council to vary any such terms.  Also RPs must replace any properties sold ‘one for one’.  However, not all properties are covered by Section 106s and the replacement property does not have to be in the same area.  Should the Government decide to roll out the scheme, this proposed modification provides clarity to RPs and for RPs to have regard to the Council’s position to protect affordable housing in rural areas.


12/06/2020 - Application for Grant of a Premises Licence - Giggling Goose, The Old Mill, North Rd, Ambleside ref: 4340    For Determination

Decision Maker: Licensing Sub-Committee

Made at meeting: 12/06/2020 - Licensing Sub-Committee

Decision published: 27/07/2020

Effective from: 12/06/2020

Decision:

The Chairman advised Members of the Sub-Committee and those who had been dialled into the Sub-Committee meeting that a request had been received from an interested party that the meeting be adjourned. In addition to the request for an adjournment, Mrs Ahmed had submitted two video clips and a number of photographs after 5.50 p.m. the previous evening.

 

The Chairman explained that under Regulation 18 of the Licensing Hearing Regulations 2003, in considering any representations or notice made by a party, the authority may take into account documentary or other information produced by a party in support of their application, representations or notice (as applicable) either before the hearing or with the consent of all the other parties, at the hearing.

 

The Chairman went on to explain that the Council had therefore not had the opportunity to review the information to ensure it did not contain any intrusive footage of people or personal information. The Council had also not had the opportunity to check the file format to check its compatibility for playing through the Microsoft Teams platform and the Council had not had the opportunity to share the information with the applicant or agent.

 

The Chairman clarified that the only way the information could be provided at the hearing was with the consent of the other parties at the hearing. The other parties had not seen the information and therefore were not in a position to provide their consent to the information, which had been submitted, to be considered at the hearing.  Therefore, due to the late receipt of the video and photographs the Chairman proposed an adjournment of the hearing to allow for copies of the videos and photographs to be provided to the other interested party by 12.00 p.m. on 12 June 2020 and for any comments to be received by 12.00 p.m. on Monday 15 June 2020 together with confirmation of consent to submit the evidence at the adjourned hearing date.

 

The Chairman proposed that the Hearing was adjourned until Friday 19 June 2020 at 10.30 a.m. The proposal was seconded and it was

 

RESOLVED – That the meeting be adjourned.

Decision Maker: Licensing Sub-Committee

Made at meeting: 19/06/2020 - Licensing Sub-Committee

Decision published: 20/07/2020

Effective from: 12/06/2020

Decision:

The Licensing Specialist presented a report which requested consideration of an application for the grant of a premises licence in respect of the Giggling Goose, Ambleside, in light of two representations which had been submitted by interested parties.

 

The Licensing Specialist addressed the Sub-Committee and drew Members’ attention to Sub-Section 1.17 of guidance issued under Section 182 of the Licensing Act 2003. He went on to outline details of the application which sought authorisation for the sale of alcohol both on and off premises, during the hours of 10.00 hours to 23.00 hours, Monday to Sunday.

 

The Licensing Specialist also referred to Appendices A and C to the report, which further outlined the details of the application and the location of the premises. He explained that the application had been circulated to all of the Responsible Authorities and that none of them had submitted a relevant representation. He also explained the application adhered to all advertising requirements as per the Licensing Act 2003.

 

Mrs Ahmed, a local resident and owner of Ambleside Opticians, which is located within the vicinity of the Giggling Goose, addressed the Sub-Committee and photographs and videos were displayed in relation to her representation.

 

Mrs Ahmed began her representation by explaining there were 15 residential homes in the immediate vicinity of the premises. She explained that residents lived in very close proximity to the premises and lived side by side of each other and that the granting of the premises licence would have a devastating impact on the lives of local residents and on her livelihood. She stated that the videos and photographs clearly conveyed the impact the application would have on her and other local residents. Mrs Ahmed went on to draw Members’ attention to the passageway and informed Members that it was a shared access.

 

Mrs Ahmed referred to the photographs of the toilet facilities and informed Members that there was only one toilet, which served the customers and staff of the Giggling Goose and was also shared by the customers and staff of Ambleside opticians. She went on to outline her concerns regarding public nuisance which would be caused by the increase in use of the toilet facilities and that people would loiter and queue for the outside toilet and this would consequently affect the privacy of residents. She also highlighted that the bins of the premises were in close proximity to the local resident’s properties and that the smoking area would cause anti-social behaviour.

 

Mrs Ahmed claimed that unhygienic conditions would be created due to the build-up of activity in the area and an increased use of the toilet facilities. She stated that the gardens would be used as urinals and that people queuing outside the toilet facilities, late into the night, would be unacceptable. She emphasised the impact on residential homes in the area and the invasion of privacy of people congregating, drinking and smoking in the vicinity. Mrs Ahmed stated that the beer garden would not be in keeping with the Old Mill, which was a Listed Building within a Conservation Area. In concluding her address, Mrs Ahmed reiterated her concerns regarding litter problems, vermin, inadequate lighting in the area, increased fire risk, urination and drug use. She stated that the application undermined the licensing objectives and that the property was too intimate and convoluted to have this type of premises in near proximity.

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) informed the Sub Committee that Mrs Ahmed was making representations on behalf of herself and her business only and was not able to speak on behalf of local residents and she reiterated the objections that had been received.  

 

Mrs Ahmed responded to questions raised by the Sub-Committee.

 

The applicant’s agent, Mr Nickson, commenced his address. He informed the Sub-Committee that he was the founder and director of Inn Confidence and a senior lecturer in licensing law. He commenced his address by highlighting that any representation in regard of the application should be relevant to the licensing objectives and Mr Nickson outlined the four licensing objectives in detail and went on to state that any speculation outlined in Mrs Ahmed’s representation needed to be supported by evidence. He emphasised that the cleanliness of the toilet should not be of discussion or consideration for the Licensing Sub-Committee.

 

Mr. Nickson explained that the serving of alcohol would be an auxiliary function and stated the Police did not submit a representation and neither did any of the other Responsible Authorities who had been consulted. Mr Nickson asked the Sub-Committee Members to see the application for what it was, a simple application for alcohol sales as an accompaniment to food. He informed the Sub-Committee Members that it was a strong application with comprehensive conditions and with further conditions added to appease Mrs Ahmed. The additional conditions had met and satisfied all of Mrs Ahmed’s reasonable concerns. He commended the Licensing Specialist for his mighty efforts in mediating between all parties in his attempts to avoid the need for a hearing.

 

The applicant, and applicant’s agent, responded to questions raised by the Sub-Committee and Mrs Ahmed.

 

Mr Henderson, the applicant, addressed the Sub-Committee. He explained that the premises had A3 planning permission for a café or restaurant and did not have A4 planning permission for a bar. The purpose of the premises licence application was to enable him to serve alcohol as an auxiliary function. He explained that as a business owner he would not wish for any lawlessness or drunk and disorderly behaviour to take place at any premises he was responsible for, as this would be detrimental to his business. Mr Henderson informed the Sub-Committee that he already ran a successful licensed café in Grasmere and he intended to replicate this at the Giggling Goose.

 

Mr Henderson then explained the various entrances to the premises to the Sub-Committee and reiterated that after 18.00 hours no public would be able to leave through the North Road entrance. He explained that the intention of the application for a grant of a licence was to allow the serving of alcohol with meals.

 

Mr Henderson responded to questions raised by the Sub-Committee and Mrs Ahmed.

 

In her closing statement Mrs Ahmed stated that she had highlighted an overwhelming number of issues and that the information provided to the responsible authorities, by the applicant, was insufficient for an informed decision to be made. In addition a number of the conditions offered fell short of being satisfactory.

 

Note – at this point in the proceedings, the Chairman was advised that all public participants had become disconnected from the meeting. The meeting adjourned at 11.53 a.m. and reconvened at 12.17 p.m. when Mrs Ahmed, Mr Nickson and Mr Henderson confirmed that they were able to hear the proceedings.

 

Mrs Ahmed, continued her closing statement and stated she was both a business owner and local resident and she represented a number of local residents. She stressed that the sale of alcohol would not be the issue but it would be the host of potential unwanted problems that would occur as a consequence. Mrs Ahmed reiterated that conditions offered to remedy these issues had not gone far enough and the impact on residents, her business and customers and the public would be immense and she urged the Sub-Committee to reject the application.

 

In his closing statement Mr Nickson, the applicant’s agent, stated that Mrs Ahmed could not speak on behalf of others. Furthermore, Mrs Ahmed could not claim that the responsible authorities had not been consulted. He explained that Mr Henderson, the applicant, already ran a successful and responsible café in Grasmere and that the proposed licence contained comprehensive conditions and Mrs Ahmed’s concerns were unfounded until proven otherwise.

 

Note – at this point in the proceedings, the Chairman was advised that Sub-Committee Member Councillor David Webster had become disconnected from the meeting. When reconnected to the meeting, Councillor Webster confirmed that he was able to see (where practicable) and hear all Members and public participants participating in the meeting, and Mr Nickson, the applicant’s agent, was asked to repeat his closing statement as outlined above. 

 

In his closing statement Mr Henderson, the applicant, emphasised that the Giggling Goose would not become a drinking establishment, it would not be pub with a beer garden. It would be a café which would offer alcoholic drinks with food.

 

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public in making its decision and retired in accordance with Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005 (as amended) in order to further consider the application.

 

The Chairman explained to all public participants that they would be disconnected from the virtual meeting in order for the Sub-Committee to reach their decision. Once the Sub-Committee had concluded their deliberations the public participants would be reconnected and the meeting would be reconvened.

 

The Sub-Committee, supported by the Legal, Governance and Democracy Lead Specialist (Monitoring Officer) then withdrew at 12.26 p.m. to consider the application.

 

The meeting reconvened at 1.17 p.m.

 

The applicant, Mr Henderson; the applicant’s agent, Mr Nickson; and Mrs Ahmed were re-connected to the virtual meeting in order to hear the decision of the Sub-Committee. The Chairman asked the parties in turn if they were able to hear the proceedings.

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) communicated the Sub-Committee’s decision.

 

RESOLVED – That the application be granted subject to the standard mandatory conditions and to the following conditions:-

 

(1)        Approved for the following activities:-

 

Activity:                                              Approved:

                       

Supply of Alcohol (On and Off)          Monday to Sunday 11:00 hours to 23:00 hours

New Year’s Eve 11:00 hours to 01.00 hours New Year’s Day

 

Live and Recorded Music (Indoors)   New Year’s Eve 23.00 hours to 01.00 New Year’s Day

 

Late Night Refreshment (Indoors)      New Year’s Eve 23.00 hours to 01.00 New Year’s Day

 

Opening Hours:                                   Monday to Sunday 10:00 hours to 23:30 hours

New Year’s Eve from 23:30 hours to 01:30 hours on New Year’s Day.

 

(2) Subject to the Conditions offered with the application that include modifications agreed with the applicant in advance of this hearing and are listed within ‘Appendix D’ and include the red amendments incorporated into the text.

 

a) General – all four licensing objectives (b, c, d and e)

 

The premises licence holder, DPS, management and staff will constantly assess any risks to the licensing objectives. They will work in partnership with the authorities and local people alike in this respect. The staff will be properly authorised, equipped, trained and motivated in this task. There will be:

 

· A written notice of ‘authority’ record for all staff who sell alcohol

· Comprehensive training for staff in the main requirements of the Licensing Act 2003, the specific measures and conditions in place to promote the Licensing Objectives and the staff roles and responsibilities. Such records shall be available for inspection by the responsible authorities.

· Contact details of the Designated Premises Supervisor available to staff and to the authorities

· Alcohol sales will be primarily dependent upon and ancillary to the sale and supply of food.

 

b) The prevention of crime and disorder

 

The management and staff will take all necessary steps to ensure that the premises remain free from crime and disorder. This will include:

 

· Alcohol will not be permitted to be removed from the premises in open bottles or containers

· Alcoholic products will be stored behind the manned counter and not within the reach of the public.

· Staff being trained on security issues including how to identify and refuse service to customers that are drunk or appear to be drunk.

· CCTV shall be provided in the form of a recordable system capable of providing pictures of evidential quality and in all lighting conditions particularly facial recognition.

· Cameras shall encompass all ingress and egress to the premises and any internal areas where the sale of alcohol occurs.

· CCTV equipment shall be maintained in good working order and correctly timed and dated.

· Recordings will be available for a period of 30 days made available to the police and other responsible authorities following reasonable request.

· The recording equipment shall be of a digital hard drive or cloud based system and shall be kept in a secure environment under the control of the premises licence holder or other responsible named individual.

 

c) Public safety

 

The management and staff will have an effective policy to promote public safety. The

DPS will liaise with the authorities to ensure that all aspects of public safety are adhered to. The policy will include:

· Appropriate firefighting equipment being installed and maintained at the premises and staff trained in its use.

· The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

· The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

d) The prevention of public nuisance

 

Between 18:00 hours and the time the premises closes to the public that day no customer will be permitted to enter or leave the premises by means of the customer entrance accessed from North Road.

 

The management and staff are mindful of the need to reduce the impact of any nuisance caused by the operation of the premises, will constantly assess any risks and take immediate steps to eliminate the problem. The licence holder or their representative will ensure as follows -

· The premises and public areas nearby are kept free from litter associated with the operation of the business. A written record of premises checks shall be maintained and will include the time and date of the checks, details of the person making them and the results including any remedial action.

· Notices will be displayed asking customers to be considerate of neighbours when using the outside areas and when they leave the premises, and to dispose of waste carefully and responsibly.

 

e) The protection of children from harm

 

The business will be operated in such a way that reflects a commitment to be a responsible retailer. To protect children from harm there will be a policy of:

· Staff training will occur before a staff member is authorised to sell alcohol for the business

· The age-verification policy will be one of Challenge 25. This will be specified in promotional material, terms & conditions, within the premises and emphasised through staff training.

· Anyone not looking 25 at the point of sale will be expected to prove that they have turned 18. Acceptable ID will be a photo driving licence, passport, PASS accredited proof of age card or other photo ID that is recommended for acceptance by the police or other authorities.

· The premises will be promoted as family friendly and suitable for all ages.

· There will be no inappropriate promotions, activities or behaviour tolerated at the premises that might put children at risk.

· Children and young people will be discouraged from congregating outside the premises in the evening.

 

(3) Conditions imposed by the Sub-Committee as outlined below:- 

 

The prevention of public nuisance

·         All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

·         · Any noise, vibrations, smells, light pollution and any other potential nuisance (e.g. toilets/ waste) is monitored and kept to an acceptable level

·         · No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 21:00hrs and 0800hrs on the following day

·         With the exception of the designated smoking location and for purposes of access and egress, the outside area shall cease to be used at 21.00 hours. After 21:00 hours, any customers permitted to temporarily leave and then re-enter the premises to smoke must be restricted to the designated smoking area marked on the premises plan. For the purpose of this condition the licence holder or their representative shall ensure as follows –

·          

            i.        Between 21:00 hours and the time the premises closes to the public on that day the area shall be checked a minimum of three times every hour.

           ii.        A written record shall be made of the checks relating to the designated smoking area and will include the time and date of the checks, details of the person making them and the results including any remedial action.

 

The Legal, Governance and Democracy Lead Specialist (Monitoring Officer) explained the Sub-Committee fully considered the facts relating to the case and having heard the evidence, were satisfied that the measures already agreed and subsequently imposed are reasonable, proportionate and necessary to enable the application to be granted whilst furthering the four licensing objectives.

 

Note – All present were notified that the decision would be confirmed in writing within the next few days. Parties had a right to appeal against the decision of the Sub Committee and may do so by giving notice of appeal to the Magistrates Court for the area in which the premises concerned are situated within a period of 21 days beginning with the day on which they were notified of the decision by the licensing authority.

 

The Chairman, prior to closing the meeting, expressed thanks to all who had participated and officers for their efforts for facilitating the meeting.