Agenda and minutes

Full Council - Tuesday, 14th October, 2014 2.05 pm

Venue: Council Chamber - The Guildhall, Portsmouth. View directions

Contact: Stewart Agland  Email: stewart.agland@portsmouthcc.gov.uk

Items
No. Item

82.

Declarations of Interests under Standing Order 13(2)(b)

Minutes:

Councillor Matthew Winnington declared a pecuniary interest in agenda item 6 as he lives in the area of the suspended MB/MC parking zone and would leave the chamber for this item.

 

Councillor John Ferrett declared a pecuniary interest in agenda item 13(a) Living Wage as his wife works at a school calling for the living wage to be introduced and would leave the chamber for this item.

 

Councillor Hugh Mason declared an interest in agenda item 6 which he thought was not a pecuniary interest, in that he lives in an area surveyed subsequent to the introduction of the MB/MC zone and left the Chamber before the vote on this item.

 

Councillor Michael Andrewes declared a pecuniary interest in agenda item 12 with regard to his employer and also in respect of agenda item 6 in that he lives and works in one of the areas surveyed in connection with the MB/MC zone. He left the Chamber for this item.

 

Councillor Terry Hall declared an interest in agenda item 6 as she lives in one of the areas surveyed in connection with the MB/MC zone, as do both her sons.  She left the Chamber for this item.

 

Councillor Lee Hunt declared an interest in agenda item 6 in that he lives just south of the Kings Theatre, an area that has been surveyed.

 

Councillor Margaret Adair declared an interest in agenda item 6 in that she lives just south of the Kings Theatre, an area that has been surveyed.

 

Councillor Smith declared an interest in  agenda item 6 in that he lives in an area surveyed in connection with the MB/MC zone.

 

Councillor Rob New declared an interest in items 13(a) and 13(d) as his sister is an employee of the city council.

 

Councillor Frank Jonas declared an interest in item 13(a) in that his daughter works in a school and he would withdraw from the chamber for this item.

83.

Minutes of the Extraordinary Meeting of the Council held on 15 July 2014 and the Ordinary Meeting of the Council held on 15 July 2014 pdf icon PDF 20 KB

To approve as a correct record the Minutes of

 

·         the Extraordinary Meeting of the Council held on 15 July 2014 and

·         the Ordinary Meeting of the Council held on 15 July 2014

Additional documents:

Minutes:

These were

 

Proposed by Councillor Donna Jones

Seconded by Councillor Gerald Vernon-Jackson

 

RESOLVED that the minutes of the extraordinary meeting of the council and the ordinary meeting of the council both held on 15 July 2014 be confirmed and signed as a correct record.

84.

Communications including Apologies for Absence pdf icon PDF 7 KB

Minutes:

Apologies for absence were received from the Lord Mayor, Councillor Steven Wylie and Councillor Lee Mason, both of whom  were on Council business representing the Council in Duisburg.  Apologies for absence were also received from Councillor Neill Young, Councillor David Fuller and Councillor Les Stevens.  Councillor Alistair Thompson and Councillor Rob New sent apologies for lateness.

 

The Deputy Lord Mayor advised that in the absence of the Lord Mayor (who is on official business representing the council in Duisburg), he would be chairing the meeting today.

                        

The Deputy Lord Mayor read out a communication from the Lord Mayor (appended to these minutes).The communication recorded that it was a privilege for the Lord Mayor to host the Mayor of Duisburg earlier this year for the 70th D-Day Anniversary and a great honour to accept their offer to be with them in Duisburg for their commemorations.

 

The Deputy Lord Mayor advised that the Lord Mayor had written to Dame Mary Fagan on her retirement from the position of Lord Lieutenant of Hampshire thanking her for her service to the city and has written to congratulate Nigel Atkinson on becoming the new Lord Lieutenant of Hampshire.

 

The Deputy Lord Mayor said the Lord Mayor had welcomed HRH Prince Edward Earl of Wessex to the city last month.

 

The Deputy Lord Mayor advised with regret that Pamela Golds, wife of Tony Golds and former Lady Mayoress in 1997, passed away on 1 October and her funeral would be held at 1.00 pm on 16 October at Havant Crematorium.

 

The Deputy Lord Mayor advised that Councillor Steve Wemyss and Councillor Ken Ferrett had both entered the Great South Run.  Councillor Steve Wemyss had advised that he is seeking sponsorship in aid of the Alzheimer's Society and invited any members who wished to do so to sponsor him.

 

The Deputy Lord Mayor then advised that at the extraordinary meeting on 15 July 2014, it was agreed to admit former councillors Mr Jim Patey and Mr Mike Park to the roll of honorary aldermen.  The Deputy Lord Mayor first presented Honorary Alderman Jim Patey with his framed certificate.  Honorary Alderman Patey responded with thanks and said that he would be delighted to attend future civic occasions.

 

The Deputy Lord Mayor then presented Honorary Alderman Mike Park with his framed certificate.  Honorary Alderman Park responded saying he considered it a tremendous privilege and thanked members for their support.

85.

Deputations from the Public under Standing Order No 24 for all items excluding those in respect of item 6 which are dealt with separately

Minutes:

The City Solicitor advised that three deputation requests had been made.  The first deputation was made by Mr Chris Pickett of Unison speaking in favour of notice of motion 13(a).  The second deputation was made by Mr Richard White of Unite speaking in favour of notice of motion 13(a).  Mr Richard White of Unite also spoke in favour of notice of motion 13(d).

 

(Councillor Rob New arrived and apologised for lateness (as recorded in minute 84) and made a declaration of interest as recorded in minute 82.)

 

86.

Questions from the Public under Standing Order No 25

Minutes:

There were no questions from the public.

87.

Petition - To consider the following petition - Southsea Parking Zone

Southsea Parking Zone

 

"We, the undersigned, petition Portsmouth City Council to call on Councillor Ken Ellcome, the Conservative Cabinet Member for Traffic and Transportation, to reconsider the decisions he made at a meeting on Thursday July 25th 2014 where he ignored the wishes of Southsea residents; who told the City Council they want a residents' parking zone.

 

Therefore, we ask the City Council to urge Councillor Ellcome and the Conservative Administration to reinstate MB and MC residents' parking zones and continue the residents' parking process in the five Southsea areas surveyed in spring 2014".

 

The Council’s rules state that as the petition contains more than 1000 signatures it will be debated by the Full Council (if the lead petitioner so request and they do) even if the issue has been considered by the Council within the last 24 months, which it has.

 

1.            The petition organiser, Ms S Horton, will be given six minutes in total to present the petition at the meeting. 

 

2.            Followed by any public deputations received on this item (Standing Order 24 rules apply).

 

3.            The Administration, via a proposer and seconder, will then present its response to the petition

 

4.            The petition will then be discussed by councillors and the normal rules of debate will apply.

 

Note - As an Executive (Cabinet) matter, the Full Council is itself precluded from determining parking matters, although of course the petition can still be debated at the Full Council meeting.

Minutes:

The Deputy Lord Mayor outlined the process for hearing the petition.  The Deputy Lord Mayor invited Ms S. Horton, the lead petitioner to present her petition which she then did.

 

The City Solicitor advised that six deputation requests had been received - four in support of the petition and two against it.

 

Deputations in support of the petition were made by Mr Hall, Mr Smart, Ms Impey and Ms Boydell.

 

Deputations against the petition were made by Mr Tudor and Dr Moore.

 

The City Solicitor advised that in addition a number of written deputations had been received as previously circulated to members.

 

A response to the petition was

 

Proposed by Councillor Ellcome

Seconded by Councillor Donna Jones

 

An amendment to the petition response was

 

Proposed by Councillor Lee Hunt

Seconded by Councillor Margaret Adair

 

That the following paragraphs be added to the end of the original petition response:

 

"The city council notes the proposition by the administration and regrets the removal of these parking zones without the consent of local people, establishing a worrying precedent across the city.

 

Council calls on Councillor Ellcome and the Conservative administration to reinstate MB and MC residents' parking zones immediately and continue the residents' parking process in the five Southsea areas surveyed in spring 2014 forthwith."

 

An adjournment was requested by Councillor Donna Jones in order to consider the amendment to the petition response.  Council adjourned at 3.15 pm.

 

Council resumed at 3.30 pm.  Following debate a recorded vote was requested by eight members standing.  Councillors Terry Hall, Hugh Mason and Michael Andrewes left the chamber for the remainder of this item.  Upon the amendment standing in the name of Councillor Lee Hunt being put to the vote the following members voted in support of the amendment:

 

Councillor Margaret Adair

Councillor Ben Dowling

Councillor Margaret Foster

Councillor Lee Hunt

Councillor Leo Madden

Councillor Will Purvis

 

 

Councillor Darren Sanders

Councillor Phil Smith

Councillor Lynne Stagg

Councillor Sandra Stockdale

Councillor Gerald Vernon-Jackson

Councillor Rob Wood

 

 

The following members voted against the amendment:

 

Councillor Simon Bosher

Councillor Ken Ellcome

Councillor John Ferrett

Councillor Ken Ferrett

Councillor Colin Galloway

Councillor Paul Godier

Councillor Aiden Gray

Councillor Stephen Hastings

 

Councillor Frank Jonas

Councillor Donna Jones

Councillor Rob New

Councillor Eleanor Scott

Councillor Luke Stubbs

Councillor Julie Swan

Councillor Linda Symes

Councillor Steve Wemyss

The following members abstained:

 

Councillor Alicia Denny

Councillor Stuart Potter

 

The amendment standing in the name of Councillor Lee Hunt was therefore LOST. 

 

Upon the original proposal to the response standing in the name of Councillor Ellcome being put to the vote the following members voted in favour:

 

Councillor Simon Bosher

Councillor Alicia Denny

Councillor Ken Ellcome

Councillor John Ferrett

Councillor Ken Ferrett

Councillor Colin Galloway

Councillor Paul Godier

Councillor Aiden Gray

Councillor Stephen Hastings

 

Councillor Frank Jonas

Councillor Donna Jones

Councillor Rob New

Councillor Stuart Potter

Councillor Eleanor Scott

Councillor Luke Stubbs

Councillor Julie Swan

Councillor Linda Symes

Councillor Steve Wemyss

 

The following members voted against:

 

Councillor Margaret Adair

Councillor Ben Dowling

Councillor Margaret Foster

Councillor Lee Hunt

Councillor Leo Madden

Councillor Darren Sanders

 

Councillor Phil Smith

Councillor Lynne Stagg

Councillor Sandra Stockdale

Councillor Will Purvis

Councillor Gerald Vernon-Jackson

Councillor Rob Wood

 

There were no abstentions.

The proposed petition response was therefore CARRIED.

 

RESOLVED that the petition response be accepted as set out below.

 

"Dear Residents of the Petition

 

Thank you for your petition expressing your wish for the Administration to reinstate MB and MC zone residents parking and to continue the residents parking survey process in the five Southsea areas.

 

The Administration understand that the decision to suspend MB and MC Zones will have disappointed many residents. It was a difficult decision to make and the administration understand that the scheme had benefited some residents. However this was to the detriment of other residents in the surrounding areas. The Administration felt that action had to be taken otherwise the displacement issues would continue to be a problem. If more zones were created the problem would be moved elsewhere.

 

The Administration has not scrapped or revoked either scheme, they have suspended them to ensure they can carry out a full review of this scheme. The Administration is not necessarily against these areas having residents parking schemes.

 

The Cabinet Member for Traffic & Transportation of the Administration made a decision on suspending MB and MC zones as a result of the following:

 

1.         When the MB zone was introduced it caused significant displacement into the area which became MC.

2.         A disproportionate number of empty spaces were created in MB which has still not been addressed.

3.         The displacement resulted in a long campaign to extend residents parking to what is now MC zone.

4.         The creation of MC zone has caused further displacement into surrounding areas resulting in another five areas having to be surveyed.

5.         If the Cabinet Member for Traffic & Transportation were to introduce a scheme in these zones further displacement will occur.

6.         The Administration cannot carry on in this ad hoc manner.

7.         The Scrutiny management Panel has identified the need for a city wide review which will set out the criteria under which a scheme could be considered. This should examine the issues causing the need for such a scheme, set out the eligibility for permits, the realistic physical boundary of the scheme and its impact on the surrounding areas, the number of spaces available and the optimum number of permits to be issued. There may be others.

8.         In due course the Administration will be examining how well other schemes in other areas are functioning.

9.         Residents parking will not address the issue of residents themselves having too many cars and works vans, it will merely displace some of them into adjoining roads. We all need to be realistic about the benefits.

 

Council to note the next steps:-

 

1.         The Cabinet Member for Traffic and Transportation will work with the Scrutiny Management Panel to facilitate the review they requested.

 

2.         The Cabinet Member for Traffic and Transportation, with the support from the Administration, is willing to listen to any ideas residents have on how schemes could be improved and would appreciate residents' views on this matter.

 

3.         The Cabinet Member for Traffic and Transportation, will consult residents on the review but at this time it is unknown how long this will take."

88.

Appointments - Membership and Chairmanship

Minutes:

It was

 

Proposed by Councillor Donna Jones

Seconded by Councillor Luke Stubbs

 

That Councillor Bosher be appointed as chair of the Scrutiny Management Panel.

 

It was

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Hugh Mason

 

That Councillor Andrewes be appointed as chair of the Scrutiny Management Panel.

 

Upon being put to the vote Councillor Bosher was elected as Chair of the Scrutiny Management Panel.

 

RESOLVED that Councillor Bosher be elected as chair of the Scrutiny Management Panel.

 

The deputy Lord Mayor notified Council that Councillor Thompson had passed on his thanks to the Scrutiny Management Panel for their work and support.

 

89.

Urgent and Important Business from Members of the Cabinet under Standing Order No 26

Minutes:

There was no urgent business.

90.

Cabinet Recommendations from its meeting on 25 September 2014 pdf icon PDF 577 KB

To receive and consider the attached report and below recommendations of the Cabinet held on 25 September (minute 79 refers).

 

RECOMMENDED that the following recommendations relating to Appendices A and B of this report be approved:

 

Appendix A - that the following actual prudential indicators based on the unaudited draft accounts be noted:

 

(a)       The actual ratio of non Housing Revenue Account (HRA) financing costs to the non HRA net revenue stream of 10.3%;

(b)       The actual ratio of HRA financing costs to the HRA net revenue stream of 12.2%;

(c)       Actual non HRA capital expenditure for 2013/14 of £61,687,000;

(d)       Actual HRA capital expenditure for 2013/14 of £30,110,000;

(e)       The actual non HRA capital financing requirement as at 31 March 2014 of £267,848,000;

(f)        The actual HRA capital financing requirement as at 31 March 2014 of £143,557,000;

(g)       Actual external debt as at 31 March 2014 was £441,970,134 compared with £450,283,442 at 31 March 2013.

 

Appendix B - That the following actual Treasury Management indicators for 2013/14 be noted:

 

(a)       The council’s gross debt less investments at 31 March 2014 was £145,209,000;

(b)       The maturity structure of the council’s borrowing was:

 

 

Under 1 Year

1-2 Years

3-5 Years

6-10 Years

11-20 Years

21-30 Years

31-50 Years

41-50 Years

Actual

4%

1%

3%

5%

9%

13%

16%

49%

 

 

(c)       The Council’s sums invested for periods longer than 364 days at 31 March 2014 were:

 

 

Actual

£m

31/3/2014

108

31/3/2015

66

31/3/2016

51

 

(d)       The council’s fixed interest rate exposure at 31 March 2014 was £247m, i.e. the Council had net fixed interest rate borrowing of £247m

(e)       The council’s variable interest rate exposure at 31 March 2014 was (£189m), i.e. the council had net variable interest rate investments of £189m.

Minutes:

The following minute was approved unopposed:-

 

Minute 79 - Treasury Management Outturn

 

The following minute was opposed.

 

Minute 82 - Budget and Performance Monitoring 2014/15 1st Quarter

 

It was

 

Proposed by Councillor Donna Jones

Seconded by Councillor Luke Stubbs

 

That the Cabinet recommendations - Minute 82 - be approved.

 

RESOLVED that the recommendations set out in Cabinet Minute 82 be agreed.

 

91.

Review of Polling Districts and Polling Places - Recommendation from Governance & Audit & Standards Committee from its meeting on 26 September 2014 pdf icon PDF 70 KB

To receive and consider the attached report and below recommendation of the Governance & Audit & Standards Committee held on 26 September (minute 55 refers).

 

RESOLVED that the committee recommends to council that the changes recommended in paragraphs 5.2 to 5.11 of the attached report are approved and implemented on publication of the 2015 Register of Electors.

Additional documents:

Minutes:

The following minute was approved unopposed:-

 

Minute 55 - Review of Polling Districts and Polling Places

92.

Notice of Motion (f) from the Council Meeting held on 15 July 2014 - Recommendation from Governance & Audit & Standards Committee from its meeting on 26 September (minute 50 refers) pdf icon PDF 10 KB

To consider the attached appendix regarding the breakdown of costs and the below recommendation of the Governance & Audit & Standards Committee arising from the Council referral to it.

 

At its meeting on 15 July, Council requested that the Governance and Audit and Standards Committee instruct officers to prepare a detailed breakdown of the full costs of the affair and write to all members with this information and to write to the former member requesting that he might choose to repay this sum and to consider legal action to reclaim these costs if he refuses.

 

The Governance and Audit and Standards Committee at its meeting held on 26 September 2014

 

RESOLVED to recommend to Council that the specific amount to be sought from the former member be agreed by full council at its October meeting as outlined in the city solicitor's detailed costs breakdown to be circulated to all members with the papers for the Council meeting.

Minutes:

The following extract from minute 50 - Notice of Motion (f) from the council meeting held on 15 July - that was before council, was opposed:-

 

"That the specific amount to be sought from the former member be agreed by full council at its October meeting as outlined in the City Solicitor's detailed costs breakdown."

 

As an amendment it was

 

Proposed by Councillor Donna Jones

Seconded by Councillor John Ferrett

 

That the following words be added to the end of the Governance & Audit & Standards Committee recommendation:

 

"(2)      Given the severity of the allegations contained in the formal complaint against former councillor Mike Hancock MP CBE and his later admission of inappropriate behaviour, Council feels compelled to put on record its deep disappointment at his apparent refusal to repay the costs incurred by the public purse following his initial denial of any wrongdoing.

 

(3)       Council still believes that Mr Hancock should reimburse the costs detailed in the City Solicitor's appendix to the agenda and that the letter to be sent to Mr Hancock agreed by the Governance and Audit and Standards Committee should be circulated to all Members giving them the opportunity to endorse their signature upon it to give it greater weight."

 

Following debate council agreed to seek the figure of £38,236 as outlined in the City Solicitor's appendix to the agenda.

 

Councillor Bosher as mover of the original recommendation from Governance & Audit & Standards Committee agreed to accept the amendment to become part of the recommendations.

 

Upon the substantive recommendations being put to the vote these were CARRIED.

 

RESOLVED that

 

(1)          The specific amount to be sought from the former member be agreed as the figure of £38,236, as outlined in the City Solicitor's appendix to the agenda;

 

(2)          Given the severity of the allegations contained in the formal complaint against former councillor Mike Hancock MP CBE and his later admission of inappropriate behaviour, Council feels compelled to put on record its deep disappointment at his apparent refusal to repay the costs incurred by the public purse following his initial denial of any wrongdoing;

 

(3)          Council still believes that Mr Hancock should reimburse the costs detailed in the City Solicitor's appendix to the agenda and that the letter to be sent to Mr Hancock agreed by the Governance & Audit & Standards Committee should be circulated to all Members giving them the opportunity to endorse their signature upon it to give it greater weight.

 

Council adjourned at 5.50 pm.

 

Council resumed at 6.10 pm.

93.

Notices of Motion

(a)          Living Wage

 

            Proposed by Councillor Hugh Mason

Seconded by Councillor Darren Sanders

 

Council believes the Living Wage is not only morally right for working people on low incomes, but makes good business sense too.

 

As such, Council asks the Employment Committee, to reaffirm its commitment to implementing the Living Wage for staff in November.

 

Council also asks the Employment Committee to support the proactive approach of councils like Southampton in getting school staff to adopt the Living Wage.

 

It asks the Committee to ask the Officers to adopt the same approach here to ensure more people on low incomes can get real help with their cost of living.

 

(b)          Keeping Milton Green

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Lynne Stagg

 

Council notes that, in June 2014, the NHS informed the Council that it had decided to sell most of the St James' Hospital site for housing.

 

Council notes that the 2000 Planning Inspector judgement on an application for up to 200 homes on the site supported the principle of housing there.

 

Council also notes that the 2006 Local Plan said no residential buildings can be built unless it can be proved that the highway network can accommodate the additional traffic they will bring.

Council also notes the view of the Hampshire and Isle of Wight Wildlife Trust that it would be premature to allocate these sites for housing as the impact on Brent Geese is not certain.

 

Council believes the 480 homes proposed for St James' and Langstone Campus are too many. It also accepts that our city has many long-term health and social care needs that need addressing.

 

On that basis, Council asks the Cabinet  to explore the following ideas for the St James' and Langstone sites positively:

 

1.            Continue to protect all previously protected green space by removing any inclusion of it from the final Site Allocations Document, in particular the idea of a 'land swap' at Langstone Campus that would negatively affect wildlife;

 

2.            Ensuring a presumption against an unsustainable level of development on the site, especially given the 2006 planning policy restriction on traffic;

 

3.            Making a formal offer, either alone or with partners, for the Harbour School site using money that will have to be spent anyway relocating it to Cosham;

 

4.            Using the Harbour School land for an educational facility, a place that can help deal with our city's sadly increasing number of people with dementia or other healthcare or educational uses consistent with the 2006 Plan;

 

5.            That the 58 homes the 2013 Site Allocations proposals earmarked for the Harbour School site are delivered through the redevelopment of existing buildings elsewhere on the site.

 

(c)          Proposed by Councillor Matthew Winnington

Seconded by Councillor Lynne Stagg

 

This Council believes that while many ordinary people in Portsmouth face falling household income and rising costs of living, some multinational companies are avoiding billions of pounds of tax from a tax system that fails to make them pay their fair share. Local governments in developing countries and the UK alike would benefit from a fairer tax system where multinational companies pay their fair share, enabling authorities alike around the world, including Portsmouth City Council, to provide quality public services. The UK government must listen to the strength of public feeling in this city and beyond and lead the way to end the injustice of tax avoidance by large multinational companies in developing countries and the UK. Therefore we call upon the Council to work together to put pressure on the government on behalf of the people in this city to create here and promote abroad tax systems whereby multinational companies who make a lot of money from the UK, including here in Portsmouth, and developing countries also pay back to them a fair share of tax.

 

(d)          Workfare

 

Proposed by Councillor John Ferrett

Seconded by Councillor Aiden Gray

 

This Council is concerned how workfare schemes will impact upon the people in Portsmouth

 

This council believes that work should pay and therefore opposes the introduction of schemes which force job seekers into unpaid work or face losing their benefits - schemes known popularly as workfare.

 

This council is concerned that there appears to be no evidence workfare assists job seekers in finding work and in fact working a 30-hour week makes that more difficult; that workfare is replacing paid work; and that workfare stigmatises benefits claimants and locks them further into poverty.

 

(e)          Puppy and Kitten Farming

 

Proposed by Councillor Michael Andrewes

Seconded by Councillor Darren Sanders

 

The council notes:

 

·         The people of Portsmouth are greatly concerned that there should be high standards for animal welfare

·         The campaign “where’s mum” by Pup Aid and the campaign against “battery farmed dogs” by the Dogs Trust and other animal welfare charities to improve the conditions for puppies and kittens and put an end to puppy and kitten farming

·         Such “dog and cat farming” conditions are cruel for the puppies and kittens involved and often lead to further problems later in their lives and it shortens their lives. That a recent parliamentary debate was told that puppies from puppy farms are “very often separated from their mothers before the puppy is even four weeks old, usually unvaccinated and insufficiently socialised, and sent long distances across the country, and increasingly across the continent, before being sold.”

·         That the Dogs Trust notes that breeding bitches at battery farms:

  • Are kept in small pens without natural daylight or contact with other dogs
  • Suffer the mental cruelty of having little contact with people and having no space to exercise or opportunity to play
  • Are bred from continuously in these conditions until they are too old, then discarded

·         Though 95% of the British public would never buy from a puppy farmer as many as 900,000 have done so without knowing in any single calendar year.

·         DEFRA's own guidance to the public is to "always see the puppy with its mother" and that continuing to allow the sale of puppies by pet shops makes this impossible and contradicts national guidelines.

·         The large majority of individual dog and cat breeders in Portsmouth and elsewhere are responsible and work hard to improve animal welfare.

·         The good work done by its Environmental Health department to license dog breeders and pet shops in Portsmouth.

·         That in January 2014, DEFRA along with the RSPCA, the Dogs Trust and many other charities and organisations, produced some model licence conditions that were made available to all local authorities and were published by the Chartered Institute of Environmental Health. These included 50 pages of recommendations about the sorts of conditions that should be included in a licence for dog-breeding premises. There were strict provisions on the need for social interaction with humans, which should apply for the whole day if the buyers were present all the time.

·         That the Government is already empowered to bring forward secondary legislation under the Animal Welfare Act 2006 and such secondary legislation could be introduced to prohibit the licensing of pet shops or retail outlets to sell puppies or kittens where the mother is not present.

 

Portsmouth City Council ask the Licensing Committee and Cabinet where appropriate to:

 

·         Commit to stamping out of the practice of puppy farming in Portsmouth.

·         Highlight in its publications such as Flagship and on its website the steps that people can take to improve welfare for puppies and kittens and highlight the steps that people can take to inadvertently avoid buying puppies and kittens that might come from dog farms, particularly in the run-up to Christmas and that people consider getting a pet from a rescue organisation. 

·         Require the council’s Environmental Health department to work with DEFRA and animal welfare charities to update its licensing conditions for dog and cat breeding and pet shops and report back to the Licensing Committee in 6 months.  Particularly as regards:

o    The model licensing condition in the CIEH model licence documentation for dog breeders

o    That Portsmouth City Council does not allow pet shops to sell puppies and kittens.

o    Good practice in other councils

·         Require the Chief Executive to write to the Secretary of State for Environment, Food and Rural Affairs telling him that Portsmouth City Council has passed this motion and urging the Government to take steps to ban the sale of puppies and kittens in pet shops and takes further steps to outlaw puppy farming  through secondary legislation.

·         Require the Chief Executive copies that letter to the MPs for Portsmouth urging them to support such secondary legislation and the campaign to end puppy farming.

·         And that it works in a co-ordinated fashion with other local councils in Hampshire and West Sussex on this issue and urges them to pass similar motions.

 

Minutes:

Notice of Motion (a) - Living Wage

 

It was

 

Proposed by Councillor Hugh Mason

Seconded by Councillor Darren Sanders

 

That this notice of motion be debated today.

 

Upon being put to the vote this was CARRIED.

 

It was

 

Proposed by Councillor Hugh Mason

Seconded by Councillor Darren Sanders

 

That notice of motion (a) be adopted.

 

As an amendment it was

 

Proposed by Councillor Aiden Gray

Seconded by Councillor Donna Jones

 

That the notice of motion be amended as follows:-

 

To add the following words to paragraph 1 "The council places on record its frustration that the previous Liberal Democrat administration failed to implement the Living Wage during its tenure of running the city council. It also notes the change in attitude towards the Living Wage by the previous leader of the council, Cllr Gerald Vernon-Jackson."

 

To replace paragraph 2 with:

 

"As such, Council asks the Employment Committee, to reaffirm the commitment made by the Leader of the Council, Councillor Donna Jones at the September Employment Committee to implement the Living Wage for staff as soon as possible. Council acknowledges the delay has been caused by the failure of schools to agree to implement the Living Wage."

 

A recorded vote was requested.  Upon being put to the vote the following members were in favour of the amendment standing in the name of Councillor Aiden Gray:

 

Councillor Simon Bosher

Councillor Ken Ferrett

Councillor Ken Ellcome

Councillor Colin Galloway

Councillor Aiden Gray

 

Councillor Donna Jones

Councillor Rob New

Councillor Luke Stubbs

Councillor Linda Symes

Councillor Steve Wemyss

 

The following members voted against the amendment:

 

Councillor Margaret Adair

Councillor Michael Andrewes

Councillor Ben Dowling

Councillor Margaret Foster

Councillor Terry Hall

Councillor Lee Hunt

Councillor Leo Madden

Councillor Hugh Mason

Councillor Will Purvis

Councillor Darren Sanders

Councillor Phil Smith

Councillor Lynne Stagg

Councillor Sandra Stockdale

Councillor Gerald Vernon-Jackson

Councillor Matthew Winnington

Councillor Rob Wood

 

The following members abstained:

 

Councillor Alicia Denny

Councillor Paul Godier

Councillor Stephen Hastings

Councillor Stuart Potter

Councillor Julie Swan

 

The amendment standing in the name of Councillor Aiden Gray was therefore LOST.  Upon the notice of motion as set out on the agenda being put to the vote the following members voted in favour of the notice of motion:

 

Councillor Margaret Adair

Councillor Michael Andrewes

Councillor Simon Bosher

Councillor Alicia Denny

Councillor Ben Dowling

Councillor Ken Ellcome

Councillor Ken Ferrett

Councillor Margaret Foster

Councillor Colin Galloway

Councillor Paul Godier

Councillor Aiden Gray

Councillor Terry Hall

Councillor Stephen Hastings

Councillor Lee Hunt

Councillor Donna Jones

Councillor Leo Madden

 

Councillor Hugh Mason

Councillor Rob New

Councillor Stuart Potter

Councillor Will Purvis

Councillor Darren Sanders

Councillor Phil Smith

Councillor Lynne Stagg

Councillor Sandra Stockdale

Councillor Luke Stubbs

Councillor Julie Swan

Councillor Linda Symes

Councillor Gerald Vernon-Jackson

Councillor Steve Wemyss

Councillor Matthew Winnington

Councillor Rob Wood

 

RESOLVED that

 

Council believes the Living Wage is not only morally right for working people on low incomes, but makes good business sense too.

 

As such, Council asks the Employment Committee, to reaffirm its commitment to implementing the Living Wage for staff in November.

 

Council also asks the Employment Committee to support the proactive approach of councils like Southampton in getting school staff to adopt the Living Wage.

 

It asks the Committee to ask the Officers to adopt the same approach here to ensure more people on low incomes can get real help with their cost of living.

 

Notice of Motion (b) - Keeping Milton Green

 

It was

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Lynne Stagg

 

That notice of motion (b) as set out on the agenda be debated today.  Upon being put to the vote this was CARRIED.

 

It was

 

Proposed by Councillor Gerald Vernon-Jackson

Seconded by Councillor Lynne Stagg

 

That notice of motion (b) as set out on the agenda be adopted. 

 

As an amendment to the notice of motion it was

 

Proposed by Councillor Luke Stubbs

Seconded by Councillor Paul Godier

 

That the notice of motion be amended as follows:-

 

To delete all the words after "they will bring"in paragraph 3 and insert:

 

" .. and that by putting out to public consultation a formal allocation, the administration has ensured that this test still applies."

 

To delete and replace paragraphs 4, 5 and 6 and all five numbered bullet points with:

 

"Council notes its deep disappointment that the previous Liberal Democrat administration released 90% of the land at St James and Langstone Campus, Milton for housing development in 2006 and 2012.

 

Council also notes that the policies of the last administration have left large parts of the site as unprotected brownfield land. This failure will have a substantial impact on local schools, hospitals and highways, which are already at capacity.

 

Council notes the local support for the principle of a care home on part of the site and regrets the decision of the previous administration to pursue the development of East Lodge in preference to a care home in St James despite opposition from Farlington residents and their representatives.

 

Council acknowledges the current administration has placed on record its objection to the NHS planning development and has sought planning advice about its ability to prevent a viable housing scheme being brought forward.

Council resolves to ask the cabinet to investigate measures to reduce the housing numbers on the site and to limit the inevitable impact on the local amenities."

 

Upon being put to the vote the amendment standing in the name of Councillor Luke Stubbs was LOST.

 

Upon notice of motion (b) as set out on the agenda being put to the vote this was CARRIED.

 

RESOLVED that

 

Council notes that, in June 2014, the NHS informed the Council that it had decided to sell most of the St James' Hospital site for housing.

 

Council notes that the 2000 Planning Inspector judgement on an application for up to 200 homes on the site supported the principle of housing there.

 

Council also notes that the 2006 Local Plan said no residential buildings can be built unless it can be proved that the highway network can accommodate the additional traffic they will bring.

Council also notes the view of the Hampshire and Isle of Wight Wildlife Trust that it would be premature to allocate these sites for housing as the impact on Brent Geese is not certain.

 

Council believes the 480 homes proposed for St James' and Langstone Campus are too many. It also accepts that our city has many long-term health and social care needs that need addressing.

 

On that basis, Council asks the Cabinet  to explore the following ideas for the St James' and Langstone sites positively:

 

1.            Continue to protect all previously protected green space by removing any inclusion of it from the final Site Allocations Document, in particular the idea of a 'land swap' at Langstone Campus that would negatively affect wildlife;

 

2.            Ensuring a presumption against an unsustainable level of development on the site, especially given the 2006 planning policy restriction on traffic;

 

3.            Making a formal offer, either alone or with partners, for the Harbour School site using money that will have to be spent anyway relocating it to Cosham;

 

4.            Using the Harbour School land for an educational facility, a place that can help deal with our city's sadly increasing number of people with dementia or other healthcare or educational uses consistent with the 2006 Plan;

 

That the 58 homes the 2013 Site Allocations proposals earmarked for the Harbour School site are delivered through the redevelopment of existing buildings elsewhere on the site.

 

Notice of Motion (c) - Tax System

 

It was

 

Proposed by Councillor Matthew Winnington

Seconded by Councillor Lynne Stagg

 

That notice of motion (c) as set out on the agenda be debated today.  Upon being put to the vote this was CARRIED.

 

It was

 

Proposed by Councillor Matthew Winnington

Seconded by Councillor Lynne Stagg

 

That notice of motion (c) as set out on the agenda be adopted. 

 

As an amendment it was

 

Proposed by Councillor Luke Stubbs

Seconded by Councillor Donna Jones

 

To delete sentence 1.

 

To delete all the words after sentence 2, starting with "The UK Government" and replace with:

 

Council recognises that high tax rates can stifle economic growth and that the UKs membership of the European Union, limits the UK Governments room for manoeuvre. Large companies can relocate their European Headquarters to lower tax countries such as the Republic of Ireland and therefore avoid any corporation tax liability to the UK exchequer.

 

The Council puts on record it supports for recent reductions in the rate of corporation and supports moves to seek a global agreement on tax avoidance.

 

As an amendment it was

 

Proposed by Councillor Aiden Gray

Seconded by Councillor John Ferrett

 

To add after the final sentence a new paragraph

 

"This requires practical steps to be taken therefore we call upon the coalition government to support greater transparency by requiring transnational corporations to provide country by country reporting of their economic data. We also call on the government to support unitary taxation of transnational corporations which will begin to tackle the problem of companies organising as a loose collection of trading entities to avoid tax."

 

Upon being put to the vote the amendment standing in the name of Councillor Luke Stubbs was LOST.

 

Councillor Matthew Winnington as mover of the original motion agreed to incorporate the Labour amendment into his notice of motion.  Upon the substantive motion incorporating the Labour amendment being put to the vote, this was CARRIED.

 

RESOLVED that

 

This Council believes that while many ordinary people in Portsmouth face falling household income and rising costs of living, some multinational companies are avoiding billions of pounds of tax from a tax system that fails to make them pay their fair share. Local governments in developing countries and the UK alike would benefit from a fairer tax system where multinational companies pay their fair share, enabling authorities alike around the world, including Portsmouth City Council, to provide quality public services. The UK government must listen to the strength of public feeling in this city and beyond and lead the way to end the injustice of tax avoidance by large multinational companies in developing countries and the UK. Therefore we call upon the Council to work together to put pressure on the government on behalf of the people in this city to create here and promote abroad tax systems whereby multinational companies who make a lot of money from the UK, including here in Portsmouth, and developing countries also pay back to them a fair share of tax.

 

This requires practical steps to be taken therefore we call upon the coalition government to support greater transparency by requiring transnational corporations to provide country by country reporting of their economic data. We also call on the government to support unitary taxation of transnational corporations which will begin to tackle the problem of companies organising as a loose collection of trading entities to avoid tax.

 

Notice of Motion (d) - Workfare

 

It was

 

Proposed by Councillor John Ferrett

Seconded by Councillor Aiden Gray

 

That this notice of motion be debated today.  Upon being put to the vote this was CARRIED.

 

It was

 

Proposed by Councillor John Ferrett

Seconded by Councillor Aiden Gray

 

That notice of motion (d) as set out on the agenda be adopted.

 

Upon the notice of motion as set out on the agenda being put to the vote, this was CARRIED.

 

RESOLVED that

 

This Council is concerned how workfare schemes will impact upon the people in Portsmouth

 

This council believes that work should pay and therefore opposes the introduction of schemes which force job seekers into unpaid work or face losing their benefits - schemes known popularly as workfare.

 

This council is concerned that there appears to be no evidence workfare assists job seekers in finding work and in fact working a 30-hour week makes that more difficult; that workfare is replacing paid work; and that workfare stigmatises benefits claimants and locks them further into poverty.

 

Notice of Motion (e) - Puppy and Kitten Farming

 

It was

 

Proposed by Councillor Michael Andrewes

Seconded by Councillor Darren Sanders

 

That this notice of motion be debated today.  Upon being put to the vote this was CARRIED.

 

It was

 

Proposed by Councillor Michael Andrewes

Seconded by Councillor Darren Sanders

 

That notice of motion (e) as set out on the agenda be adopted.

 

As an amendment

 

It was

 

Proposed by Councillor Rob New

Seconded by Councillor Donna Jones

 

To add to the third to last recommendation the following wording:

 

"It should be noted that although "puppy farming" is inhumane and should be prohibited, responsible and regulated breeders should, through effective safeguarding regulatory inspection, be protected from allegations of such practices."

 

As the mover of the original motion, Councillor Michael Andrewes agreed to incorporate the Conservative amendment into his original notice of motion.  Upon the substantive notice of motion being put to the vote, this was CARRIED.

 

RESOLVED that

 

The council notes:

 

·         The people of Portsmouth are greatly concerned that there should be high standards for animal welfare

·         The campaign “where’s mum” by Pup Aid and the campaign against “battery farmed dogs” by the Dogs Trust and other animal welfare charities to improve the conditions for puppies and kittens and put an end to puppy and kitten farming

·         Such “dog and cat farming” conditions are cruel for the puppies and kittens involved and often lead to further problems later in their lives and it shortens their lives. That a recent parliamentary debate was told that puppies from puppy farms are “very often separated from their mothers before the puppy is even four weeks old, usually unvaccinated and insufficiently socialised, and sent long distances across the country, and increasingly across the continent, before being sold.”

·         That the Dogs Trust notes that breeding bitches at battery farms:

o    Are kept in small pens without natural daylight or contact with other dogs

o    Suffer the mental cruelty of having little contact with people and having no space to exercise or opportunity to play

o    Are bred from continuously in these conditions until they are too old, then discarded

·         Though 95% of the British public would never buy from a puppy farmer as many as 900,000 have done so without knowing in any single calendar year.

·         DEFRA's own guidance to the public is to "always see the puppy with its mother" and that continuing to allow the sale of puppies by pet shops makes this impossible and contradicts national guidelines.

 

·         The large majority of individual dog and cat breeders in Portsmouth and elsewhere are responsible and work hard to improve animal welfare.

·         The good work done by its Environmental Health department to license dog breeders and pet shops in Portsmouth.

·         That in January 2014, DEFRA along with the RSPCA, the Dogs Trust and many other charities and organisations, produced some model licence conditions that were made available to all local authorities and were published by the Chartered Institute of Environmental Health. These included 50 pages of recommendations about the sorts of conditions that should be included in a licence for dog-breeding premises. There were strict provisions on the need for social interaction with humans, which should apply for the whole day if the buyers were present all the time.

·         That the Government is already empowered to bring forward secondary legislation under the Animal Welfare Act 2006 and such secondary legislation could be introduced to prohibit the licensing of pet shops or retail outlets to sell puppies or kittens where the mother is not present.

 

PoPortsmouth City Council ask the Licensing Committee and Cabinet where appropriate to:

 

  • Commit to stamping out of the practice of puppy farming in Portsmouth.
  • Highlight in its publications such as Flagship and on its website the steps that people can take to improve welfare for puppies and kittens and highlight the steps that people can take to inadvertently avoid buying puppies and kittens that might come from dog farms, particularly in the run-up to Christmas and that people consider getting a pet from a rescue organisation. 
  • Require the council’s Environmental Health department to work with DEFRA and animal welfare charities to update its licensing conditions for dog and cat breeding and pet shops and report back to the Licensing Committee in 6 months.  Particularly as regards:
    • The model licensing condition in the CIEH model licence documentation for dog breeders
    • That Portsmouth City Council does not allow pet shops to sell puppies and kittens.
    • Good practice in other councils

·         Require the Chief Executive to write to the Secretary of State for Environment, Food and Rural Affairs telling him that Portsmouth City Council has passed this motion and urging the Government to take steps to ban the sale of puppies and kittens in pet shops and takes further steps to outlaw puppy farming through secondary legislation.  It should be noted that although "puppy farming" is inhumane and should be prohibited, responsible and regulated breeders should, through effective safeguarding regulatory inspection, be protected from allegations of such practices.

  • Require the Chief Executive copies that letter to the MPs for Portsmouth urging them to support such secondary legislation and the campaign to end puppy farming.
  • And that it works in a co-ordinated fashion with other local councils in Hampshire and West Sussex on this issue and urges them to pass similar motions.

 

94.

Questions from Members under Standing Order No 17 pdf icon PDF 86 KB

Minutes:

There were ten questions before council. 

 

Question number 1 was from Councillor Darren Sanders asking "Should the fountain at Baffins Pond be switched back on?".

 

This and supplementary questions were answered by the Cabinet Member for Culture, Leisure & Sport, Councillor Linda Symes.

 

Councillor Symes agreed

·         to share the risk assessment she had received from officers and also seek information on an alternative way of operating the fountain.

·         to look at fountains in other areas to see if the issues raised had been overcome elsewhere.

·         to look at the risk to the Council if there is a legionella risk.

 

Question number 2 was from Councillor Matthew Winnington as follows

 

"The House of Multiple Occupation (HMO) planning policy as adopted under the previous administration has been very successful in preventing over-development of HMOs in the city. As with every good policy though there comes a time when it needs reviewing to ensure that Portsmouth will continue to successfully block over-development of HMOs. Can the Cabinet Member confirm that he has initiated a review of this policy?"

 

This and supplementary questions were answered by the Cabinet Member for Planning, Regeneration & Economic Development, Councillor Luke Stubbs.

 

Question number 3 was from Councillor John Ferrett asking "The Ben Ainslie Racing project received a £1.4 million contribution from Portsmouth City Council.  Can the Cabinet Member confirm when this sum will be refunded to the Council by Central Government?"

 

This and supplementary questions were answered by the Cabinet Member for Planning, Regeneration & Economic Development, Councillor Luke Stubbs.

 

Question number 4 was from Councillor Michael Andrewes asking "Will the cabinet member for culture and leisure write to Hugh Dennis welcoming him as a new patron of the Kings Theatre and thanking him for his support of the Theatre?"

 

This and supplementary questions were answered by the Cabinet Member for Culture, Leisure & Sport, Councillor Linda Symes.

 

The Deputy Lord Mayor advised that the 45 minutes allowed for questions expired before the remaining six questions could be put and so in accordance with Standing Order 17(h) written replies to the remaining questions would be circulated to members.