Agenda and minutes

The Chair opened the meeting and welcomed all persons present in the Conference Chamber. She explained the rationale behind the precautionary health and safety measures that remained in operation for this meeting which aimed to reduce and restrict the transmission of the COVID-19 virus.

The Chair welcomed Councillors Lance Stanbury and Nick Wiseman to their first meetings of Council since their elections to The Rows ward and to Horringer ward in September and November 2021 respectively. 

To confirm the minutes of the meeting held on 28 September 2021 (copy attached).

The minutes of the meeting held on 28 September 2021 were confirmed as a correct record and signed by the Chair.

(Councillor Joe Mason joined the meeting during the consideration of this item.)

To receive announcements (if any) from the Chair.

A list of civic events/engagements attended by the Chair and Vice-Chair since the last ordinary meeting of Council held on 28 September 2021 are attached.

The Chair reported on the civic engagements and charity activities which she and the Vice-Chair had attended since the last ordinary meeting of Council on 28 September 2021.

Attention was specifically drawn to representatives of HMS Vengeance, who had assisted at very short notice twice in the last three years with moving the Haverhill foodbank to new premises. This had not only saved the foodbank much needed funds, but enabled them to remain operational, which had been particularly crucial during the COVID-19 crisis. The Chair placed her sincere thanks on record to HMS Vengeance, and also to Councillor Elaine McManus, who had helped to facilitate the move.  

The Chair then paid tribute to Joy Childs, former Mayor’s Secretary of St Edmundsbury Borough Council, who had sadly died recently. Mrs Childs had supported Mayors and Deputy Mayors for an exemplary 22 years before retiring around the year of 2003.

To receive announcements (if any) from the officer advising the Chair (including apologies for absence).

Apologies for absence were received from Councillors John Augustine, Trevor Beckwith, Simon Brown, Tony Brown, John Burns, Max Clarke, Nick Clarke, Jason Crooks, Pat Hanlon, Beccy Hopfensperger, Paul Hopfensperger, Ian Houlder, James Lay, Aaron Luccarini, David Nettleton, Robert Nobbs, Karen Richardson, Richard Rout, Marion Rushbrook, Andrew Smith, Clive Springett, Karen Soons, Peter Thompson, Jim Thorndyke and Phil Wittam.

Due to the onset of the new Omicron variant of COVID-19, which had resulted in a rapid increase in the virus’ infection rate and the implications associated with this, this was a contributory reason for many of the apologies for absence received for this meeting.

The Chair welcomed Councillor Mick Bradshaw to the meeting, who had been unable to attend meetings for some time due to a recent spell of ill health.

Members are reminded of their responsibility to declare any pecuniary or local non pecuniary interest which they have in any item of business on the agenda no later than when that item is reached and, when appropriate, to leave the meeting prior to discussion and voting on the item.

Members’ declarations of interest are recorded under the item to which the declaration relates.

Paper number: COU/WS/21/015 TO FOLLOW

Council Procedure Rules 8.1 to 8.3. The Leader will submit a report (the Leader’s Statement) summarising important developments and activities since the preceding meeting of the council.

Members may ask the Leader questions on the content of both his introductory remarks and the written statement itself.

A total of 30 minutes will be allowed for questions and responses. There will be a limit of five minutes for each question to be asked and answered. A supplementary question arising from the reply may be asked so long as the five minute limit is not exceeded.

Councillor John Griffiths, Leader of the Council, presented his Leader’s Statement as outlined in paper number: COU/WS/21/015.

In his introductory remarks, Councillor Griffiths:

a.       Personal remarks: expressed his condolences to the family of Joy Childs and welcomed Councillors Lance Stanbury and Nick Wiseman to West Suffolk Council.

b.       Staff Awards: recommended viewing the recording of the West Suffolk Council Staff Awards that had been held virtually via Teams that afternoon.

c.       COVID-19: encouraged members and staff to get vaccinated and have the booster in light of the rapid increase in the infection rate of COVID-19 which appeared to be due to the new highly contagious Omicron variant.  The potential implications associated with this, including ensuring the delivery of essential services was maintained, was highlighted. Such services included refuse collection, for which revised rounds for the festive season had been issued. Members were encouraged to cascade the temporary arrangements throughout their various communication outlets accordingly.

d.       Barley Homes: stated that in respect of reference to paragraph 36. of his Statement, following delivery of Barley Homes’ properties at Stonemill Park, this would amount to a combined total of 63 homes delivered at Westmill Place and Stonemill Park in Haverhill.

e.       Housing priorities: stated that the Council’s housing priorities were debated by Cabinet on 7 December 2021 (Report number: CAB/WS/21/059 refers). Decisions included extending the life of the Housing Strategy to 2024 and approving revisions to the associated Implementation Plan.

f.       Energy and environment: stated that the Council continued with its drive to be carbon neutral by 2030, which included facilitating the implementation of the Solar for Business grant scheme. This initiative was operating extremely well and included the biggest installation to date, which would commence in Newmarket in the new year.

g.       Proposed incubation units: stated that Council would be debating the proposed provision of incubation units at Suffolk Business Park later in the meeting (COU/WS/21/016 refers). Councillor Griffiths considered this proposal was an excellent example of an economic growth initiative that would bring investment, jobs and skills to enhance future certainty and prosperity for West Suffolk. The scheme was designed to be cost neutral, providing a valuable asset whilst supporting the growth of local businesses. An opportunity had been seized for investment in appropriate infrastructure that accorded with the Council’s priorities.

The Leader responded to a range of questions relating to:

a.       West Suffolk Council: that since the creation of West Suffolk Council in 2019, it had achieved far more than it could have as the separate predecessors of Forest Heath and St Edmundsbury councils, which not only had delivered savings but supported families and communities; built new homes and the Mildenhall Hub as well as refurbishing Brandon Leisure Centre; invested in growth and green energy, to name a few. This was not only due to the Conservative administration but a combined, stronger, better cross-party effort of members working collaboratively to achieve its aims for the residents of the entire district of West Suffolk.

b.       Barley Homes: that a number  ...  view the full minutes text for item 171.

Council Procedure Rules Section 6. Members of the public who live or work in the district may put questions about the work of the council or make statements on items on the agenda to members of the Cabinet or any committee.

(Note: The maximum time to be set aside for this item is 30 minutes, but if all questions/statements are dealt with sooner, or if there are no questions/statements, the Council will proceed to the next business.)

Each person may ask one question or make one statement only. A total of five minutes will be allowed for the question to be put and answered or the statement made. If a question is raised, one supplementary question will be allowed provided that it arises directly from the reply and the overall time limit of five minutes is not exceeded.

If a statement is made, then the Chair may allow the Leader of the Council, or other member to whom they refer the matter, a right of reply.

The Constitution allows that a person who wishes to speak must register at least 15 minutes before the time the meeting is scheduled to start.  However, due to the need to comply with current coronavirus regulations and guidance, necessary health and safety precautions taken will apply to members of the public registered to speak. We would therefore strongly urge anyone who wishes to register to speak to notify Democratic Services by 9am on the day of the meeting so that advice can be given on the arrangements in place.

As an alternative to addressing the meeting in person, written questions may be submitted by members of the public to the Monitoring Officer no later than 10am on Monday 13 December 2021. The written notification should detail the full question to be asked at the meeting of the Council.

No members of the public in attendance had registered to speak.

Report number: COU/WS/21/016

A.      Referrals from Cabinet: 9 November 2021

1.       West Suffolk Gambling Act 2005: Statement of Policy 2022 to 2025

Portfolio holder: Councillor Andy Drummond

2.       Council Tax Base for Tax Setting Purposes 2022 to 2023

Portfolio holder: Councillor Sarah Broughton

3.       Proposed Incubation Units: Suffolk Business Park, Bury St Edmunds

Portfolio holder: Councillor Susan Glossop

(See agenda item 12 below for the exempt appendix relating to this item.)

B.      Referrals from Cabinet: 7 December 2021

(These referrals have been compiled before the meeting of Cabinet on 7 December 2021 and are based on the recommendations contained within each of the reports listed below.  Any amendments made by the Cabinet to the recommendations within these reports will be notified to members in advance of the meeting accordingly.)

1.       Arrangements for Appointment of External Auditors

Portfolio holder: Councillor Sarah Broughton

2.       Delivering a Sustainable Medium Term Budget

Portfolio holder: Councillor Sarah Broughton

3.       Treasury Management Report (September 2021)

Portfolio holder: Councillor Sarah Broughton

4.       West Suffolk Local Council Tax Reduction Scheme (LCTRS) 2022 to 2023

Portfolio holder: Councillor Sarah Broughton

Council considered the referrals report of recommendations from Cabinet, as contained within report number: COU/WS/21/016.

A.      Referrals from Cabinet: 9 November 2021

1.      West Suffolk Gambling Act 2005: Statement of Policy 2022 to 2025

Approval was sought for the West Suffolk Statement of Gambling Policy 2022 to 2025, which had been revised following a period of consultation with key stakeholders. If approved, this statement of policy was anticipated to remain current until its next review in 2024 for re-adoption by 31 January 2025.

Councillor Andy Drummond, Portfolio Holder for Regulatory and Environment, drew relevant issues to the attention of Council, including that the West Suffolk Statement of Gambling Policy set out how the Council, in its role as licensing authority, would carry out its functions under the Gambling Act 2005. It recognised the importance of responsible gambling within the entertainment industry, while seeking to balance this with the key objectives of the Act. The objectives were:

·         Preventing gambling from being a source of crime and disorder, being associated with crime or disorder or being used to support crime

·         Ensuring that gambling was conducted in a fair and open way

·         Protecting children and other vulnerable persons from being harmed or exploited by gambling.

Members noted the purpose and content of the Statement of Gambling Policy and the proposed minor revisions which had been subject to consultation and had broadly been supported. One further minor alteration had been made following consultation.

The policy’s associated Local Area Profile (LAP) had also been updated. A LAP was an assessment of the key characteristics of West Suffolk in the context of gambling-related harm. The Council’s approach was based on the possible risk to gambling-related harm, in adherence to the objectives set out in the Act. Some or many of these matters, many of which were summarised in the report, would have been considered and addressed by existing premises.

On the motion of Councillor Drummond, seconded by Councillor Mike Chester, it was put to the vote and with the vote being unanimous, it was

Resolved: That

1.       the revised West Suffolk Gambling Act 2005: Statement of Policy for the period 2022 to 2025, as contained in Appendix B to Report number CAB/WS/21/048, be agreed.

2.       The revised West Suffolk Local Area Profile, as contained in Appendix C to Report number CAB/WS/21/048, be agreed.

2.      Council Tax Base for Tax Setting Purposes 2022 to 2023

Approval was sought for the council tax base for tax setting purposes for the 2022 to 2023 financial year.

The council tax base was the total taxable value at a point in time of all the domestic properties in the council’s area. It was a yearly calculation and represented the estimated number of chargeable dwellings after allowing for exemptions and discounts, projected changes in the property base and after applying an estimated collection rate. The council tax base was used in the calculation of council tax, further details regarding which was set out in Report number: CAB/WS/21/050.

Councillor Sarah Broughton, Portfolio Holder  ...  view the full minutes text for item 173.

This item was originally presented to Council on 28 September 2021; however, during the meeting, the motion to approve the recommendations contained in the report was withdrawn and no subsequent motions were proposed. See minutes of the meeting for further details (agenda item 1 above). The report is now re-presented, as amended.

Report number: COU/WS/21/017

Council considered this report, which sought approval and adoption of new consolidated West Suffolk byelaws in respect of licensing skin piercing practices following the revocation of the current byelaws relating to this matter.

Members noted that this item had been deferred from the last meeting of Council held on 28 September 2021 and the report had been amended to reflect the issues raised at that meeting.

In preparation for the creation of a single West Suffolk Council, it had been agreed to retain separate byelaws in the former Forest Heath and St Edmundsbury areas with regards to the licensing of skin piercing practices.

Together with other related matters as set out in paragraphs 1.2 to 1.4 of the report, it was now proposed that these be consolidated into one set of byelaws covering all activities, which would ensure that all skin piercing licensing was legally enforceable in a consistent way across the district.

The legal position was set out in the report, and it was proposed that the model byelaws previously adopted by St Edmundsbury Borough Council and as set out in Appendix A, would be adopted by the entire district for the reasons set out in paragraphs 1.5 to 1.7 of the paper.

In addition, it was recommended that the Council updated its hygiene guidance and the relevant page on its website, to ensure that licensees and applicants were fully cognisant of the proposed requirements and felt supported in understanding appropriate practice.

Councillor Andy Drummond, Portfolio Holder for Regulatory and Environment, drew relevant issues to the attention of Council, including that following the discussion held at the meeting on 28 September 2021, a minor amendment was proposed to clarify the model byelaws, as shown in Appendix A, to remove the words ‘by means of a hygienic piercing instrument’ from section 3.1.a(iii). This would ensure that all cosmetic jewellery was provided in a sterile condition to the customer during skin piercing activities.

Members considered the amendment satisfactorily addressed the matter previously raised and supported the proposals.

On the motion of Councillor Drummond, seconded by Councillor Julia Wakelam, it was put to the vote and with the vote being unanimous, it was

Resolved: That

1.       All current skin piercing byelaws be revoked.

2.       The new consolidated West Suffolk byelaws, as contained in Appendix A to Report number: COU/WS/21/017, be adopted; and the updating of guidance and webpages so that applicants are fully cognisant of appropriate requirements and practices, be supported. 

Report number: COU/WS/21/018

Council considered this report, which sought approval to commence a Community Governance Review (CGR) of all parish and town councils in the West Suffolk area.

CGRs provided councils with an opportunity to make changes to community governance arrangements to ensure that parish and town councils provided for cohesive communities, improved community engagement, better local democracy and resulted in improved effective and convenient delivery of local services.

Whilst a full review was not required at this time for the reasons set out in the report, it was proposed to carry out an interim review on the consequential impact on parish warding arrangements in Bury St Edmunds, Haverhill and Newmarket from the new division boundaries for Suffolk County Council. It also provided an opportunity to look at a specific issue which was deferred by the review carried out by St Edmundsbury in 2016 and to resolve any small anomalies to existing community governance arrangements.

Councillor Carol Bull, Portfolio Holder for Governance, drew relevant issues to the attention of Council, which included making reference to the proposed Terms of Reference for the CGR that were attached to the report as Appendix A. These set out the purpose and objectives of the review and how it would be undertaken and also included proposing the creation of a Task and Finish Group, which would be appointed by Council and Chaired by the Portfolio Holder for Governance. The Group would oversee the review process and make recommendations to Council for approval at various stages of the review. Approval of the final recommendations would be implemented by the making of a Community Governance Order.

The proposed Terms of Reference for the Community Governance Review Task and Finish Group were attached as Appendix B. Upon approval for its establishment, Group Leaders would be asked to make their nominations for appointment by the Monitoring Officer.

On the motion of Councillor Bull, seconded by Councillor Julia Wakelam, it was put to the vote and with the vote being unanimous, it was

Resolved: That

1.       The commencement from 17 December 2021 of a district-wide Community Governance Review (CGR), be agreed.

2.       The Terms of Reference for the CGR attached at Appendix A to Report number: COU/WS/21/018, be approved.

3.       A Community Governance Review Task and Finish Group as set out at Appendix B, be established.

4.       Group Leaders be requested to notify the Monitoring Officer of their respective nominations for appointment to places on the Task and Finish Group.

To consider any business, which by reason of special circumstances, should in the opinion of the Chair be considered at the meeting as a matter of urgency.

In accordance with section 2.2(q) of the Council Procedure Rules contained in Part 4(a) of the Constitution, with the agreement of the Chair, the following item of business was considered as a matter of urgency by reason of special circumstances, as set out below:

Section 85(1) of the Local Government Act 1972 required councillors to attend at least one meeting of the Council or act as an appointed representative of the Council every six-month period, unless the failure to attend was due to a reason pre-approved by the authority.

Councillor Max Clarke last attended a meeting of Council on 22 June 2021. As the Council meeting in November was cancelled due to lack of substantive business, he was planning on attending the meeting on 14 December 2021 to ensure he did not face automatic disqualification from West Suffolk Council on 22 December 2021.

Unfortunately, under current COVID-19 legislation, Councillor Clarke was needing to self-isolate and therefore could not be present at the meeting. Council was therefore asked to consider granting a dispensation to Councillor Clarke due his current situation and the requirement to abide by COVID-19 legislation.

On the motion of Councillor Margaret Marks, seconded by Councillor John Griffiths, it was put to the vote and with the vote being unanimous, it was

Resolved:

That, in accordance with Section 85(1) of the Local Government Act 1972, a dispensation be granted to Councillor Max Clarke for non-attendance at meetings for a period in excess of six consecutive months by reason of self-isolation requirements under current COVID-19 legislation, and that the situation be reviewed at the next ordinary meeting of Council.

To consider whether the press and public should be excluded during the consideration of the following items because it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item, there would be disclosure to them of exempt categories of information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972, and indicated against the item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

See minute 178. below.

Exempt Appendix to Report number: COU/WS/21/016

A.      Referrals from Cabinet: 9 November 2021

1.       Exempt Appendix 2 to Report number: CAB/WS/21/052 - Proposed Incubation Units: Suffolk Business Park, Bury St Edmunds

Portfolio holder: Councillor Susan Glossop

Council considered Exempt Appendix 2 attached to Report number: COU/WS/21/016; however, no reference was made to specific detail and, therefore, this item was not held in private session.