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Agenda and decisions

Agenda and decisions

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

Contact: Anna Martyn - Tel 023 9283 4870  Email: Democratic@portsmouthcc.gov.uk

Media

Items
No. Item

1.

Apologies for Absence

2.

Declarations of Interests

3.

UK Shared Prosperity Fund Spend pdf icon PDF 169 KB

Purpose

To consider the spend of the UK Shared Prosperity Fund. 

 

Appendix 3 to follow.

 

Additional documents:

Decision:

The Cabinet noted the report which is for information only and is not subject to call-in.

4.

Crowdfunder Portsmouth Platform Funding pdf icon PDF 195 KB

Purpose

1.    To review the impact of the crowdfunding platform 'Crowdfund Portsmouth' on the city since its inception on 30 November 2019, and the funding requirements for the scheme to continue beyond 30 November 2022.

2.    To consider the proposal to continue using Crowdfunder UK as the crowdfunding platform for Portsmouth City Council, thereby extending the existing their contract for a further year from end of November 2022.  The paper also highlights that a continuation of using Crowdfunder UK would provide a seamless support to contribute to economic growth and inclusive community amenities in the city and provide value for money.

3.    To identify and allocate an additional spend to support the ongoing development of the Crowdfunder platform to support Portsmouth businesses for a period of 10 months in year 4 of:

 

Crowdfunder platform and support         £28,200

Grant funding for businesses                  £40,000

Total investment                                        £68,200

 

 

Please note the platform can also continue to use CIL (community infrastructure levy) funds and allocate that using the same profile and increasing reach for this funding. CIL is a separate project and unrelated to this central work.

 

RECOMMENDED that the Cabinet

1.    Supports an extension of the contract with Crowdfunder UK at a cost of £28,200 for 1 year (10 months of delivery) and looks to seek a self-service model for any further delivery (removing Crowdfunder support) if this finds approval to reduce costs in subsequent years. 

2.    Supports a further top-up of £40,000 to the Small Business Fund to enable further business creation and growth, which will support a minimum of 8 match funded projects.

3.    Approves that recommendations 1) and 2) are funded by the Council's 2022/23 share of the UK Shared Prosperity Fund.

 

 

 

Additional documents:

Decision:

1.    That the Council supports an extension of the contract with Crowdfunder UK at a cost of £28,200 for 1 year (10 months of delivery) and looks to seek a self-service model for any further delivery (removing Crowdfunder support) if this finds approval to reduce costs in subsequent years. 

2.    That the Council supports a further top-up of £40,000 to the Small Business Fund to enable further business creation and growth, which will support a minimum of 8 match funded projects.

3.    That recommendations 2 (i) and 2 (ii) are funded by the Council's 2022/23 share of the UK Shared Prosperity Fund

 

5.

Exclusion of Press and Public

“That, under the provisions of Section 100A of the Local Government Act, 1972 as amended by the Local Government (Access to Information) Act, 1985, the press and public be excluded for the consideration of the following item on the grounds that the report(s) contain information defined as exempt in Part 1 of Schedule 12A to the Local Government Act, 1972”.

 

The public interest in maintaining the exemption must outweigh the public interest in disclosing the information.

 

Under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) England Regulations 2012, regulation 5, the reasons for exemption of the listed item is shown below.

 

Members of the public may make representation as to why the item should be held in open session.  A statement of the Council’s response to representations received will be given at the meeting so that this can be taken into account when members decide whether or not to deal with the item under exempt business.

 

(NB     The exempt/confidential committee papers on the agenda will contain information which is commercially, legally or personally sensitive and should not be divulged to third parties.  Members are reminded of standing order restrictions on the disclosure of exempt information and are invited to return their exempt documentation to the Local Democracy Officer at the conclusion of the meeting for shredding.)

 

Item

Potential Disposal of Middle Street Units (Appendix B)

Paragraph

 

 

 

 

 

Appendix B - Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

 

 

Decision:

The confidentiality of Appendix B only, relating to financial and business affairs, was upheld.

6.

Potential Disposal of Middle Street Units pdf icon PDF 86 KB

Purpose

To seek the approval of the Leader of the Council as Portfolio holder to dispose of the above properties shown on the plan at Appendix A, subject to the existing long leaseholds listed in Appendix B (Exempt).

 

RECOMMENDED that the Cabinet Delegate to the Director of Regeneration and the City Solicitor authorisation to negotiate and finalise terms for the disposal of the site known as 32,34,42,56,58 & 60 Middle Street, Portsmouth to PV1 Developments, subject to the long leases currently in place in accordance with the schedule of interests as attached in Appendix B.

 

 

Additional documents:

Decision:

Delegated to the Director of Regeneration and the City Solicitor authorisation to negotiate and finalise terms for the disposal of the site known as 32,34,42,56,58 & 60 Middle Street, Portsmouth to PVD1 Developments, or the best value offer, subject to the long leases currently in place in accordance with the schedule of interests as attached in Appendix B.

                 

 

7.

Ocean Recovery Declaration - Update of Progress pdf icon PDF 183 KB

Purpose

To provide an update on progress since the Ocean Recovery Declaration.

 

Decision:

The Cabinet noted the report which is for information only and is not subject to call-in.

8.

Review of Clean Air Zone Mitigation Measures pdf icon PDF 114 KB

Purpose

To approve recommendations on how the Clean Air Zone (CAZ) mitigation packages should look moving forwards, almost a year after CAZ delivery.

 

RECOMMENDED that the Cabinet

1.    Approves delegated authority to the Director of Regeneration to withdraw unspent Clean Air Fund (CAF) grants with a view to redistributing unspent funds, and ultimately close the CAF;

2.    Approves a six-week period for remaining CAF applicants to provide clear proof of intent to upgrade their vehicles;

3.    Approves that non-compliant vehicles purchased after 5th April 2023 not be granted an exemption from the Portsmouth Clean Air Zone - specifically with regards to:

     i.        Specialist Heavy Vehicles, and

    ii.        The Stop-Gap Exemption.

 

 

 

Additional documents:

Decision:

1.    Approved delegated authority to the Director of Regeneration to withdraw unspent Clean Air Fund (CAF) grants with a view to redistributing unspent funds, and ultimately close the CAF;

2.    Approved a six-week period for remaining CAF applicants to provide clear proof of intent to upgrade their vehicles;

3.    Approved that non-compliant vehicles purchased after 5th April 2023 not be granted an exemption from the Portsmouth Clean Air Zone - specifically with regards to:

                                i.       Specialist Heavy Vehicles, and

                               ii.       The Stop-Gap Exemption.

 

9.

Annual Adoption Agency Activity report April 2021 to March 2022 pdf icon PDF 270 KB

Purpose

1.  To update the Cabinet on the activity of the Portsmouth Adoption Service for the period from 1 April 2021 to 31 March 2022, as required by the Adoption regulations

2.  The Portsmouth Adoption Service is provided directly by the Adoption Team within the Council. The team is responsible for the work with children who have a plan of adoption and works with the Regional Adoption Agency (RAA) who find, assess, and support adopters. 

3.  To describe the work of the in-house adoption team and the RAA and provide data of the outcomes achieved in the last 12 months

4.  To provide an update on changes in the service due to a recent legal case known as the 'Somerset Judgement'

5.  To provide an outline of the priorities for the coming year. 

 

Decision:

The Cabinet noted the report which is for information only and is not subject to call-in.

10.

Social Value progress report pdf icon PDF 170 KB

Purpose

To provide a mid-year summary update on the progress made since the detailed progress report provided to Cabinet on 11th January 2022.

 

The report originally marked on the "to follow" was published on 16 November.

Additional documents:

Decision:

The Cabinet noted the report which is for information only and is not subject to call-in.

 

11.

Additional Licensing of Houses in Multiple Occupation pdf icon PDF 188 KB

Purpose

1.    To summarise the findings of the recent consultation on the proposal to introduce Additional Licensing for Houses in Multiple Occupation (HMOs) across the city.

2.    To outline the proposed additional licensing scheme in Portsmouth, having taken into account the consultation feedback, for Cabinet to decide if they wish to proceed with the formal introduction of such a scheme.

3.    To present the updated Private Sector Housing Enforcement Policy, and Private Sector Housing Space and Amenity standards for HMOs, for Cabinet to decide on their adoption.

 

RECOMMENDED that the Cabinet

1.1    That the Cabinet have regard to all the responses to the statutory consultation and the evidence base previously presented to Cabinet on 22nd March 2022 together with the matters set out in this report and consider whether an additional licensing scheme for HMOs in the City should be introduced.  If the Cabinet does not decide to proceed with the scheme, they should not approve recommendation 1.2 below but should still review recommendations 1.3 and 1.4 below.

 

1.2.        Subject to recommendation 1.1, That Cabinet approves:

1.2.1      To designate the whole of the city as subject to additional licensing under section 56(1)(a) of the Housing Act 2004 in relation to every class of HMO, but only including those section 257 HMOs that are mainly or wholly tenanted, including those with resident landlords.

1.2.1.1.    That the designation set out in recommendation (2.2.1) above, shall come into force on 1st September 2023 for a period of 5 years.

1.2.1.2.    That delegated authority be given to the Director for Housing, Neighbourhoods and Building Services to sign the ‘Designation of an Area for Additional Licensing of Houses in Multiple Occupation 2022’ (as attached at Appendix 10) in accordance with the provisions set out in the Scheme of Delegations in the Council’s Constitution.

1.2.2.       The Licence Conditions contained in Appendix 7.

1.2.3.       That Cabinet consider the options outlined in Appendix 5 for Licensing Model and Appendix 6 for Fee Structure and agree to proceed with either;        

 

1.2.3.1.     Option A: Standard 5-year licence term issued to all licence applicants, with the exception of those where planning permission is required but not yet granted; where a 1 year licence would be issued to allow time for the planning process to be fulfilled. If Model A is preferred; cabinet approve the adoption of the proposed fees and charges structure (as attached at Appendix 6) outlined for Model A and instruct officers to bring a further report to Cabinet reviewing the fees before the commencement of the scheme, and annually throughout the scheme to ensure they remain reasonable and proportionate and address any issues relating to surpluses or deficits in accordance with case law and the EU Services Directive.

 

                  Or;

 

1.2.3.2.     Option B: a tiered structure for Licence terms based on the compliance and competence of the licence holder. This model would also include issuing 1-year licences where planning permission is required, as with Model A above. If Model B is preferred; cabinet approve the adoption of the proposed fees and charges structure (as attached at Appendix 6) outlined for Model B and instruct officers to bring a further report to Cabinet reviewing the fees before the commencement of the scheme, and annually throughout the scheme to ensure they remain reasonable and proportionate and address any issues relating to surpluses or deficits in accordance with case law and the EU Services Directive.

 

1.2.3.2.1. That if Option B is preferred, Cabinet approves the Policy for Landlord Accreditation contained in Appendix 8, and agrees to cease operating an in-house landlord accreditation scheme in favour of working with local and national landlord and agent accreditation schemes.

                 

1.2.3.2.2. That if Option B is preferred; to instructs officers to present a further report to Cabinet before September 2023 with proposals to alter the Mandatory HMO Licensing model, fee structure and Licence conditions to create consistency between Mandatory and Additional Licensing of HMOs.

                 

1.3.            That Cabinet approve the updated Private Sector Housing Enforcement Policy contained in Appendix 3, and agree its implementation from 1st December 2022.

1.4.            That Cabinet approve the updated Private Sector Housing HMO Space and Amenity standards document contained in Appendix 4, and agree its implementation from 1st December 2022.

 

Additional documents:

Decision:

1.    The Cabinet had regard to all the responses to the statutory consultation and the evidence base previously presented to Cabinet on 22nd March 2022 together with the matters set out in this report and consider whether an additional licensing scheme for HMOs in the City should be introduced. The Cabinet decided to proceed with the scheme and approved:  

2.  That the whole of the city is designated as subject to additional licensing under section 56(1)(a) of the Housing Act 2004 in relation to every class of HMO, but only including those section 257 HMOs that are mainly or wholly tenanted, including those with resident landlords.

2.1          That the designation set out in recommendation above, shall come into force on 1st September 2023 for a period of 5 years.

2.2        That delegated authority be given to the Director for Housing, Neighbourhoods and Building Services to sign the ‘Designation of an Area for Additional Licensing of Houses in Multiple Occupation 2022’ (as attached at Appendix 10) in accordance with the provisions set out in the Scheme of Delegations in the Council’s Constitution.

2.3      The Licence Conditions contained in Appendix 7.

2.4.     The Cabinet considered the options outlined in Appendix 5 for Licensing Model and Appendix 6 for Fee Structure and agreed to proceed with Option B: a tiered structure for Licence terms based on the compliance and competence of the licence holder. Cabinet approved the adoption of the proposed fees and charges structure (as attached at Appendix 6) outlined for Model B and instructed officers to bring a further report to Cabinet reviewing the fees before the commencement of the scheme, and annually throughout the scheme to ensure they remain reasonable and proportionate and address any issues relating to surpluses or deficits in accordance with case law and the EU Services Directive.

 

And therefore:

2.5 approved the Policy for Landlord Accreditation contained in Appendix 8, and agrees to cease operating an in-house landlord accreditation scheme in favour of working with local and national landlord and agent accreditation schemes.

            2.6 Instructed officers to present a further report to Cabinet before September 2023 with proposals to alter the Mandatory HMO Licensing model, fee structure and Licence conditions to create consistency between Mandatory and Additional Licensing of HMOs.

 

Cabinet also approved:

             3.         Approved the updated Private Sector Housing Enforcement Policy contained in Appendix 3, and agree its implementation from 1st December 2022.

4.               Approved the updated Private Sector Housing HMO Space and Amenity standards document contained in Appendix 4, and agree its implementation from 1st December 2022.

 

12.

Treasury Management Mid-Year Review 2022/2023 pdf icon PDF 162 KB

Purpose

To inform members and the wider community of the Council’s Treasury Management position, i.e. its borrowing and cash investments at 30 September 2022 and of the risks attached to that position.

 

RECOMMENDED that the Cabinet note

1.    That the Council's Treasury Management activities have remained within the Treasury Management Policy 2022/23 in the period up to 30 September 2022.

2.    That the actual Treasury Management indicators as at 30 September 2022 set out in Appendix A be noted.

 

 

 

 

Additional documents:

Decision:

1.    Noted that the Council's Treasury Management activities have remained within the Treasury Management Policy 2022/23 in the period up to 30 September 2022.          

2.    Noted that the actual Treasury Management indicators as at 30 September 2022 set out in Appendix A be noted.

 

The Cabinet also noted the Urgent Information Item - Treasury Management Investments: Environmental. Social and Governance Considerations, which is not subject to call-in.

13.

Revenue Budget Monitoring 2022/2023 (Second Quarter) pdf icon PDF 266 KB

Purpose

To update members on the current Revenue Budget position of the Council as at the end of the second quarter for 2022/23 in accordance with the proposals set out in the “Portsmouth City Council - Budget & Council Tax 2022/23 & Medium Term Budget Forecast 2023/24 to 2025/26” report approved by the City Council on 15th February 2022.

 

RECOMMENDED that the Cabinet

(i)           The General Fund Forecast Outturn for 2022/23 (as at 30th September 2022) be noted consisting of:

 

·         £7,784,800 overspend (assuming the Employers 2022/23 Pay Offer of a flat increase to all Spinal Column Points of £1,925)

 

The overspend is analysed as follows:

 

FORECAST OUTTURN 2022/23

£000

 

 

Forecast Net Overspend (before transfers to/from) Reserves

9,935.4

 

 

Less Expenditure funded from Corporate Contingency:

 

 

Covid-19 Costs

(2,876.0)

 

Windfall Costs

(2,061.3)

 

 

Less Transfers From Portfolio Reserves:

 

 

Overspendings (in accordance with approved Council resolutions)

(874.8)

 

 

 

Less Transfers From Other Reserves:

 

 

Underspendings (in accordance with approved Council resolutions)

(138.5)

 

 

 

Impact of Employers Pay Offer of a Flat Increase of £1,925

3,800.0

 

 

 

Overall Forecast Net Overspend 2022/23

7,784.8

 

(ii)          The continuing financial impact of the Covid-19 Pandemic totalling £2.88m be noted

 

(iii)        The financial impact of the Covid-19 pandemic of £2.88m will be met from the provision held within the Council's Corporate Contingency which was set aside specifically for this purpose

(iv)        Members note the impact of the overspending capital schemes outlined in Section 7 and the consequent effect this will have on the availability of new capital resources to fund new capital schemes commencing in April 2023. 

(v)          Members note that in accordance with approved policy as described in Section 8, any actual non Covid-19 overspend at year end will in the first instance be deducted from any Portfolio Reserve balance and once depleted then be deducted from the 2023/24 Cash Limit.

(vi)        Directors, in consultation with the appropriate Cabinet Member, consider options that seek to minimise any forecast non Covid-19 overspending presently being reported and prepare strategies outlining how any consequent reduction to the 2023/24 Portfolio cash limit will be managed to avoid further overspending during 2023/24.

 

The report originally marked on the agenda "to follow" was published on 16 November.

 

 

Decision:

1.            Noted the General Fund Forecast Outturn for 2022/23 (as at 30th September 2022), consisting of £7,784,800 overspend (assuming the Employers 2022/23 Pay Offer of a flat increase to all Spinal Column Points of £1,925)

2.            Noted the continuing financial impact of the Covid-19 Pandemic totalling £2.88m.

3.            Noted the financial impact of the Covid-19 pandemic of £2.88m will be met from the provision held within the Council's Corporate Contingency which was set aside specifically for this purpose

4.            Noted the impact of the overspending capital schemes outlined in Section 7 and the consequent effect this will have on the availability of new capital resources to fund new capital schemes commencing in April 2023. 

5.            Noted that in accordance with approved policy as described in Section 8, any actual non Covid-19 overspend at year end will in the first instance be deducted from any Portfolio Reserve balance and once depleted then be deducted from the 2023/24 Cash Limit.

6.            Agreed that Directors, in consultation with the appropriate Cabinet Member, consider options that seek to minimise any forecast non Covid-19 overspending presently being reported and prepare strategies outlining how any consequent reduction to the 2023/24 Portfolio cash limit will be managed to avoid further overspending during 2023/24.